The Library of Congress has created four carefully curtailed exceptions to the DMCA in the interest of preventing the DMCA from unfairly breaking mostly obsolete technology. The list represents "four classes of work," as follows:

(1) Compilations consisting of lists of Internet locations blocked by commercially marketed filtering software applications that are intended to prevent access to domains, websites or portions of websites, but not including lists of Internet locations blocked by software applications that operate exclusively to protect against damage to a computer or computer network or lists of Internet locations blocked by software applications that operate exclusively to prevent receipt of email.

(2) Computer programs protected by dongles that prevent access due to malfunction or damage and which are obsolete.

(3) 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. A format shall be considered obsolete if the machine or system necessary to render perceptible a work stored in that format is no longer manufactured or is no longer reasonably available in the commercial marketplace.

(4) Literary works distributed in ebook format when all existing ebook editions of the work (including digital text editions made available by authorized entities) contain access controls that prevent the enabling of the ebook's read-aloud function and that prevent the enabling of screen readers to render the text into a specialized format.

Considering that Jazz Jackrabbit 1 cannot be played on newer machines without using special software (or at all from my experience with windows XP) I think it qualifies

If you think I'm wrong please tell me.

YEAH! THE DCMA WAS JUST A TYPO!

Originally Posted by Xion

YEAH! THE DCMA WAS JUST A TYPO!

Not really...

Can I hav jj1 plz thnx!111111!11HAMSTER!!1 (my old one got erased, then destroyed, then burned, then put into an old box and placed somewhere deep in my apartment.)

PLZ THNX OMG LOL DD

JJ1 is in exe format, which is not obsolete. It does require a patch to run on new computers, but many programs require patches. By your logic any program that needs a patch to run properly is exempt from copyright.

Originally Posted by Link

JJ1 is in exe format, which is not obsolete. It does require a patch to run on new computers, but many programs require patches. By your logic any program that needs a patch to run properly is exempt from copyright.

There are no patches to make JJ2 work on newer computers, there are probrams such as moslo that allow it to run or the "TPPatch" which is more of an illegal hack. There are NO patches put out by Epic that allow this game to run on newer computers therefore my logic is nothing like that at all. The program may be .exe but turbo pascal is pretty obsolete.

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.

You do not require a computer made in 1994 to run JJ1. A computer made in 2003 can run them as well.

A format shall be considered obsolete if the machine or system necessary to render perceptible a work stored in that format is no longer manufactured or is no longer reasonably available in the commercial marketplace.

XP is reasonably available in the commercial marketplace, and XP users can play JJ1. Nowhere in here does it say anything about Moslo or TPPatch.

Originally Posted by The Legal Thing

(3) 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. A format shall be considered obsolete if the machine or system necessary to render perceptible a work stored in that format is no longer manufactured or is no longer reasonably available in the commercial marketplace.

First of all, this clause was intended to apply only in the case that a console system or operating system became impossible to obtain. When this occurs, it becomes legal, yes; however, JJ1 does not apply to this clause. Computers that can run it are reasonably available. I am using one right now. It is a 3GHz machine that is currently running Jazz 1. A patch is required. If you were right, that would mean the instant a game was patched, it would become legal to distribute. This is simply not true. I am sorry, but JJ1 is still quite illegal.

~ Traft

Darn.

Does that mean Atari 2600 games are freeware now?

I am using one right now. It is a 3GHz machine that is currently running Jazz 1. A patch is required. If you were right, that would mean the instant a game was patched, it would become legal to distribute.

No, that would mean if a 3rd party patch is required for the game to run on a current computer it is legal to distribute. I seriously doubt you can run JJ1 on a 2003 computer without using TP patch, moslo or similar 3rd party program, therefore JJ1 is legal. If Epic released their own patch designed to make JJ1 run on newer machines then it would be different, but they havn't have they?

Yes Atari games are freeware as well as NES, SNES, and possibly some Dreamcast games.

"Computer programs and video games distributed in formats that have become obsolete" - again, JJ1 is distributed in a format perfectly readable by today's software and hardware. The runtime error is a problem caused by the compiler used to create JJ1, not an incompatibility problem between Windows and JJ1's executable format. Windows can run JJ1 perfectly, patched or not. You'll notice that it is a program error, not a Windows error, that you get when attempting to run JJ1.

The hardware (a computer) and software (a Microsoft Windows or DOS product and TPPatch) are reasonably available.

Jazz1's "FORMAT" is in turbo pascal which can NOT be run by a standard PC anymore without DOS and TPPATCH. TPPATCH modifies the game's actual binary data. This is called reverse engeneering and is illegal. Therefore it is impossible to run JJ1 on a current day computer without breaking the law making it fall under the catigorey of requiring hardwear not redily avalible in the market.

Seeing as software which breaks the law is always readily available, and nothing is said about not having to break the law anyway, I fail to see how your logic works. I might add that you don't need TPPatch when you can use Moslo.

Note also that that part applies to the "machine or system" needed to run the program. PCs and XP are readily available, and both can run JJ1. Nothing is said about patches. So because JJ1 is not "obsolete", and for a program to be free it must fufill both conditions, JJ1 is not free.

Yes Atari games are freeware as well as NES, SNES, and possibly some Dreamcast games.

No, they are not freeware. It is still illegal to distribute them via ROMs on the Internet. In all cases it's illegal to make 'backup' of the games, because "you don't need to." The authors still have the copyrights, you know.

Originally Posted by

Jazz1's "FORMAT" is in turbo pascal which can NOT be run by a standard PC anymore without DOS and TPPATCH. TPPATCH modifies the game's actual binary data. This is called reverse engeneering and is illegal. Therefore it is impossible to run JJ1 on a current day computer without breaking the law making it fall under the catigorey of requiring hardwear not redily avalible in the market.

It does not matter what programming language it was written for. All that matters is the system it runs on; in this case, said system is a Personal Computer. Said system is still on the market.

Additionally, this rule applies only to extreme cases in which running the came would be possible. TPPatch is also still available on the proverbial "market", and quite common. Besides, if the game is too old to be played on the system, this law only applies to distributing it through other systems, one would assume. Otherwise, what would be the point of the law?

~ Traft

Setting aside all the talk about machine obso1337ness, patches and other crappy imho excuses, there is still the matter of copyright, which has so far been briefly mentioned in this thread. :\
Jazz Jackrabbit still is an active trademark of Epic Games, therefor you can kiss the "JJ1 IS FREEEEE!!!" thing goodbye. Thank you. -_-'

Either way, thank you for not making another one of those "omg lol JJ1 is freewarez is says so on (site).com!!" threads.

Haze, this thread is about the Digital Millenium Copyright Act. But I'm still not very clear on the issue: while it claims these four things are exempted from the DMCA, what does that entail? It seems to me like this is saying that the special protections on digital media enacted in the DMCA (which I don't know much about) don't apply to these things... obviously there are still other protections on it, but how do they differ?

hmm, need a layer

stripe

I have 8 layers!

*lol @ infinite* *nods @ stripe* I know that. ^_^ Just reminding everybody that aside from these directives regular copyright laws also still apply. ^_~

Ur all odd, JJ1 is abandone ware. No one can stop the people who wanna give it out can and will give it out.

HAHAHA

CMON PEOPLE, LOOK AT THIS, 2004, LOOK AT JJ1, 1995@
IT IS A SIZE OF A SMALL LEVEL in a 3d game :P cmon people, epic games cant do now to a game they dont care about@

Darker, abadonware is illegal.

We've been arguing about something Crono quoted, but he didn't include the full context.

http://www.copyright.gov/1201/

This only applies to "the classes of works subject to the exemption from the prohibition against circumvention of technological measures that control access to copyrighted works."

These are not exemptions from copyright law itself, only exemptions from prohibition of circumvention of access controls. (So basically in these circumstances, one is able to circumvent access controls while still being in accordance with the fair use rights granted in the copyright act.)

I say this whole argument is over.

Link wins again.

Abandonware is ONLY legal if the authors has given the permission to freely distribute the app/game online.

Originally Posted by Darker

Ur all odd, JJ1 is abandone ware. No one can stop the people who wanna give it out can and will give it out.

HAHAHA

You are so cool.

Originally Posted by Karmus

Abandonware is ONLY legal if the authors has given the permission to freely distribute the app/game online.

That's not exactly the concept of "abandonware." The concept is when a game is too old for the company to care anyway; it is true that that makes it legal, but it also makes it shareware. However, this must be agreed to by all parties involved, which is rare.

~ Traft

Originally Posted by Karmus

Abandonware is ONLY legal if the authors has given the permission to freely distribute the app/game online.

When authors give permission, it's freeware.
Abandonware is always illegal. But it must be. It's treasure of this world.

Darker, it's 2003. Not 2004.

I revive myself on the JCF just to say: that I hope Crono wins the argument. Long live JJ1, the best JJ game ever.

Long live Pulseman!

Originally Posted by Spaztic

You are so cool.

"Kill me JJ one more time."
~Britney Spears quote edit

Originally Posted by JJ Tublear

I revive myself on the JCF just to say: that I hope Crono wins the argument. Long live JJ1, the best JJ game ever.

Long live Pulseman!

How will Crono's winning this arguement do anything? The fact is, he is wrong, whether or not he wins. This is not the Supreme Court; the discussions here do not decide the laws. Besides, JJ1 can live on. It is still available in some areas and common on EBay.

Originally Posted by JJ Tublear

"Kill me JJ one more time."
~Britney Spears quote edit

Oh. Okay. Now I'm convinced.

~ Traft

Well Ebay sucks, and oh it doesn't matter I would have downloaded it anyway. Even if I didn't get my copy of JJ1.

Originally Posted by JJ Tublear

Well Ebay sucks, and oh it doesn't matter I would have downloaded it anyway. Even if I didn't get my copy of JJ1.

How does that justify anything? All you're doing is admitting that you don't have any integrity and that you'll readily break the law for your own convenience, ignoring viable solutions because they "suck".

Yeah and I don't care Spaztic. You can go ahead and constantly try to defend games that are "years" old, but I won't. I will only probably defend the new gamse and games probably only within maybe 3 or 4 years at the most?

Geez, yeah right. I won't defend games that are as old as Sonic The Hedgehog 2. When their worth like jack crap if you tried to sell them, if you owned them.

Originally Posted by JJ Tublear

Geez, yeah right. I won't defend games that are as old as Sonic The Hedgehog 2. When their worth like jack crap if you tried to sell them, if you owned them.

1. All you are saying is "I have no sense of morals or law and only do things according to whatever I feel most benefits me, myself and I.".
2. It only costs 10 dollars. For PC. People buy it.

JJ1 = Freeware = No
JJ1 = Illegal to Distribute = Yes
Downloading Illegal files = Bad = Yes
Download JJ1 = No.

I now have said all that needs to be said.

This thread should die.