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“Most of the world’s video games from close to 50 years of history are effectively, legally dead. A Video Games History Foundation study found you can’t buy nearly 90% of games from before 2010. Preservationists have been looking for ways to allow people to legally access gaming history, but the U.S. Copyright Office dealt them a heavy blow Friday. Feds declared that you or any researcher has no right to access old games under the Digital Millennium Copyright Act, or DMCA.”
I’m no lawyer, but I can’t really find a way that fair use is applicable in this case. Also point 4 is taken into consideration here. And no I obviously don’t agree that games shouldn’t be allowed in libraries. The law should be changed. I just don’t see how fair use is relevant.