[sebhc] Internet Archive Gets Exemption re:Vintage Software

[Eric J. Rothfus]

Maybe I'm a glass is half-full type of guy :-) but I feel that these
exceptions made by the DMCA, while not providing for "abandonware"
do a few very important things IMHO:

  1 - acknowledges not only the fleeting nature of the historical
      artifacts of software as stored on obsolete and degrading
      media, but also acknowledges the potential connection between
      the WAY in which things are stored as being an integral part
      of the artifact itself.

  2 - acknowledges and documents that archival of these artifacts
      is an important and valuable activity:

      (from the "Initial Comments" by those from the Internet Archive)

         "The efforts of the Library of Congress, the American Film
	 Institute, and other organizations to rescue and preserve
	 this irreplaceable contribution to our cultural life are to
	 be applauded, and the making of duplicate copies for purposes
	 of archival preservation certainly falls within the scope of
	 fair use."

  3 - establishes (in some fashion) a non-governmental/municipal body
      as capable of being an archive for these types of artifacts

So why do I think that these things are important?  And what does that
mean for us?  (vintage computer enthusiasts)

I'm a strong advocate for preserving the software-works of the early
computing era.  In fact, those software works should out-live the
hardware on which they were run.  So given archival of artifacts
necessary for the recreation of the hardware, along with archived
software, it will be possible in a millenium to recreate computing as
it was in the late 20th century.  For some odd reason :-) I find that
important.  So independent to our ability to legally or morally use
the software that was created and copyrighted in that era, it is still
quite important to archive it.

The DMCA has begun to open the door for this type of legal activity
as it relates to obsolete software.  Further, they have seemed to
acknowledge the need to have this information distributed and/or
archived in sites other than that controlled by the government (this
is a quite arguable point IMHO, however).

Granted, the door has only been cracked open.  But as the rule-making
body continues to acclimate themselves to these issues, I am confident
that the "rightful" use of this type of obsolete software will become
acceptable not only morally but within the copyright law.

I recommend reading the "Initial Comments" by the Internet Archive
if you haven't already.  It presents well-constructed arguments
regarding software archival and access.  I'm quite glad that they
are pursuing this course.

   http://www.copyright.gov/1201/2003/comments/025.pdf

Eric



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