[AshamedCaptain]

I mention in the original comment that there are several exceptions (in copyright law), but these are for specific purposes. However this is not one of them. If it was, you could literally apply the same reasoning to any piece of software in the planet.

[realusername]

The specific purpose usually being interopability, yes it does apply to almost any piece of software on the planet.

More specifically, it's always allowed for DRM code (because by definition their whole goal is to block interoperability), any kind of proprietary file reading and any kind of porting.

Here in the case of these games, the interoperability argument is very easy to make since they can only run on legacy hardware not even produced anymore.

[AshamedCaptain]

Ok, do you realize that from you what you claim you can conclude that (software) copyright is useless? Go to https://news.ycombinator.com/item?id=38410176

_Anyone_ could get any piece of software, claim that they want to run it on their new-fangled "x85" instruction set, and, according to your rationale, you'd be able to just decompile it to a different programming language and distribute your translation as much as you want!

> More specifically, it's always allowed for DRM code (because by definition their whole goal is to block interoperability), any kind of proprietary file reading and any kind of porting.

For the record, you are completely misunderstanding the point. These exception allows you to perform RE to _understand_ the code in question for interoperability, not to strip it from copyright and start distributing it as if it was your own code. And in most jurisdictions such exception only becomes possible when it's the _only option available_ to interoperate. As this is _hardly_ the only option available to run this game on your platform (emulation, for example, is completely legal, AND you could RE this title to fix your emulator), this exception hardly applies here.

[realusername]

> _Anyone_ could get any piece of software, claim that they want to run it on their new-fangled "x85" instruction set, and, according to your rationale, you'd be able to just decompile it to a different programming language and distribute your translation as much as you want!

Yeah, why not? If you have to run through all of this complexity to run the software you have to run, I don't see what it would not fit as an exception.

You realize that those protections against copyright aren't granted for free right? Everybody pays absurdly high rate of copy rights on every medium they buy in the EU and that's why those exceptions are there. If there is no means to copy what you own to use it in a different configuration, those would be meaningless.

[AshamedCaptain]

> Yeah, why not? If you have to run through all of this complexity to run the software you have to run, I don't see what it would not fit as an exception.

What complexity? Emulators are almost everywhere, and they don't require you to violate any copyright (or a significantly smaller amount), and therefore much likely to fit under one of these exceptions (they do). "But the illegal way is easier, your honor!" doesn't really get you anywhere...

This world where software copyright does not exist is not an utopia of free source code, it's a wild wild west of obfuscated and/or inaccessible software and the company with largest pockets has the monopoly since it can do whatever it wants.

> You realize that those protections against copyright aren't granted for free right?

"Protections against copyright?" You mean exceptions, right? Copyright is ironically free.

> Everybody pays absurdly high rate of copy rights on every medium they buy in the EU and that's why those exceptions are ther

Not everybody in the EU, even though in my country (France) we do. However, how is this related at all to the discussion at hand? They are not even related to software copyrights at all! (For which there is already an exception for personal copies, and for which official we pay nothing).

[realusername]

> Not everybody in the EU, even though in my country (France) we do. However, how is this related at all to the discussion at hand? They are not even related to software copyrights at all! (For which there is already an exception for personal copies, and for which official we pay nothing).

That's exactly where this exception is coming from. You can't make personal copies nowaydays without breaking some kind of DRM and that's why there's an interoperability exception.

France is indeed one of the worst in this racket but most of the EU has similar implementations.

> This world where software copyright does not exist is not an utopia of free source code, it's a wild wild west of obfuscated and/or inaccessible software and the company with largest pockets has the monopoly since it can do whatever it wants.

Well that's exactly where we at now, I'm writing this comment from a phone which has thousands of piles of obfuscated inaccessible and non modifiable software. Copyright is what led us there.

[AshamedCaptain]

> That's exactly where this exception is coming from. You can't make personal copies nowaydays without breaking some kind of DRM and that's why there's an interoperability exception.

I have already addressed the interoperability exception a couple messages before. In no way it just basically makes all copyright protections pointless by allowing you to claim "OK, now I can decompile this software and distribute it as I please!".

> Well that's exactly where we at now, I'm writing this comment from a phone which has thousands of piles of obfuscated inaccessible and non modifiable software. Copyright is what led us there.

Hardly. Copyright doesn't necessarily prevent nor make tivoization easier. The GPLv3 (or some new, specific legislation to this end) are the only things that would successfully prevent tivoitzation.