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Posts: 224 | Thanked: 107 times | Joined on Aug 2009
#144
Originally Posted by Laughing Man View Post
I have no idea. But fair use in the USA is usually trumped by the DMCA. I just hope that ACTA treaty never gets signed.
Right, but again, DMCA only kicks in if you encrypt your media. Specifically,

No person shall circumvent a technological measure that effectively controls access to a work protected under this title.
and...

(3) As used in this subsection—

(A) to “circumvent a technological measure” means to descramble a scrambled work, to decrypt an encrypted work, or otherwise to avoid, bypass, remove, deactivate, or impair a technological measure, without the authority of the copyright owner; and

(B) a technological measure “effectively controls access to a work” if the measure, in the ordinary course of its operation, requires the application of information, or a process or a treatment, with the authority of the copyright owner, to gain access to the work.
So if Nokia were showing off the PS3 emulator with a MGS4 rom, Sony might have cause to sue under what is fairly settled law, since the Blu-Ray discs have quite a lot of encryption. But an SNES cartridge doesn't gain any novel protection under the DMCA anymore than a CD does (since CD's aren't encrypted).