The Digital Millennium Copyright Act (DMCA), enacted in 1998, was created to protect copyright in the digital age. However, its anti-circumvention provisions have often posed challenges for software preservation efforts, particularly regarding old or obsolete programs and video games.
In response to these concerns, the U.S. Congress passed specific exemptions in October 2003 that allow for limited reverse engineering and circumvention in the context of digital preservation. One notable exemption reads:
“Computer programs and video games distributed in formats that have become obsolete and which require the original media or hardware as a condition of access... The Register has concluded that to the extent that libraries and archives wish to make preservation copies of published software and video games that were distributed in obsolete formats—either because the physical medium is no longer in use or an obsolete operating system is required—such activity is a non-infringing use covered by Section 108(c) of the Copyright Act.”
(Source: Federal Register Notice - 2003 Exemptions)
In November 2006, the Library of Congress further expanded preservation rights by approving an exemption to the DMCA that allows the circumvention of copy protection on software that is no longer sold or supported by its copyright holder. This exemption enables institutions and individuals to archive and preserve such software without legal risk.
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2006 Ruling: Library of Congress Exemptions
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Related Article: Abandonware Now Legal – GameSpot (Archived)
These exemptions are critical for maintaining digital heritage and ensuring that older software, games, and computing experiences are not lost to time due to technological obsolescence or restrictive copyright controls.
If a game is now being sold again on modern platforms, please let us know we take down any pages that are no longer abandon-ware immediately.
To file a claim Email: [email protected] if the claim is valid, action will be taken immediately.
