MvC2 (and other DC titles) can be distributed freely according to DMCA? Please advise


#1

I found this on another website that hosts DC images. btw i’m NOT asking for ROMS or need roms or anything like that, please do not ban/delete:

'xxxxxx Legal Download Policy

All game files are stored here for the purpose of preservation and archival reproduction. All files here fall into exemption 2 applied to US Digital Millennium Copyright Act (ruling 1201) which states that these exemptions apply to:

(2) Computer programs and video games distributed in formats that have become obsolete and that require the original media or hardware as a condition of access, when circumvention is accomplished for the purpose of preservation or archival reproduction of published digital works by a library or archive.

With the definition of obsolete being given as:
“Obsolete” shall mean “no longer manufactured or reasonably available in the commercial marketplace.”

All files stored on xxxxxx.com are obsolete in the above sense. No reasonably available games have their respective rom or iso file equivalents stored here.

In addition xxxxxx.com stores these files for the purpose of preservation and archival reproduction as expressly permitted by the above legislation. We act as a library offering a complete legal archive of digital works.

These exemptions went into effect upon publication in the Federal Register on November 27, 2006, and will remain in effect through October 27, 2009.

As such, by entering our iso download section and downloading files, you are contractually agreeing to the following:

  1. You own a licence for any rom or iso images you download.
  2. You will not distribute or attempt to profit from any files you download.
  3. You agree that all files here are hosted by us in good faith, and as such we cannot be held responsible if users download the aforementioned files illegally.
  4. You acknowledge that all files on this site are provided “as is” and that xxxxxx.com carries no liability whatsoever should any files downloaded from this site affect your system in any way.

By downloading files from our site, you are agreeing to all the above terms. If you do not agree you must not download any files and you must leave the site immediately.

Does anyone know if this is true and MvC2 can be freely distributed, or is this still a gray area? I’m only inquiring about the possibilty or if this might loosen the strictness of discussion of DC ROMS, i’m not asking for ROMS or anything of the sort. Please do not ban/delete.


#2

i’ve been wondering about this kind of thing myself

because you have companies like SNK who apparently own the rights to Data East characters like Mizoguchi now, who appears in KOF MIA, but does that mean that, through a roundabout way of sorts, that games like Karnov’s Revenge / Fighters History Dynamite which are long out of print can no longer be freely distributed if the company owns the license to the intellectual property? or is this sort of thing solely dependant on whether or not a company issues a cease and desist


#3

I wonder if capcom knows about changing the colors/music and everything that’s going on for mvc2. for a while evo wouldn’t have anything but the original game at the big screen. last year they had a mvc2 with custom music, now they might have one custom colors and music. shrug


#4

yea, anything that is difficult to obtain and is no longer commercially available. That basically means almost all DC titles, and most certainly those DC titles considered RARE (MvC2 fits under this).


#5

I’d say that language states that any ROM of a commercially obsolete hardware is legal for achival/preservation purposes. The key is definition of reasonably avaliable. I’d also say that would blow arguments about region locking out of the water as well (not to mention standing to sue issues- how can you have damages if you have no selling or intent to sell?)


#6

yeah i didnt get what you meant. i thought you meant dc_comics titles.


#7

Nope, they are just trying to make what they do look like it is alright when it’s still a violation of copyright law in the US.

The exemption they describe is only for archival/preservation use. For instance a library could circumvent hardware access controls on obsolete software in order to keep an accessible copy available. They can’t then give away copies of the software to anybody who asks. That would violate copyright law. That’s what this website is doing. Telling people they have to legally own it doesn’t matter. Even if the individual bought the game, the website hasn’t secured the rights to reproduce the work.