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Old 03-04-20, 03:48   #1
BlueCake
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Question The classics at archive.org

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The Internet Archive is an American digital library with the stated mission of "universal access to all knowledge."It provides free public access to collections of digitized materials, including websites, software applications/games, music, movies/videos, moving images, and millions of books. In addition to its archiving function, the Archive is an activist organization, advocating a free and open Internet.
I was thrilled to see the classics being hosted in this site along with some demos and betas, their mission seen to be to preserve as much history of the internet as possible.
Is it ok to get these game tho? I realize TRF has a very strict rule about these things.
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Old 03-04-20, 13:00   #2
Cochrane
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I am absolutely not a lawyer, so don't take this as legal advice, just as an opinion by some random guy on the internet:

I have no idea how and why they think this is legal. As an online library, the internet archive is allowed (as a special exception) to make copies of stuff, including games. That includes digital copies. Distributing them over the internet, though, is, as far as I could find, explicitly not included. They could maybe try to argue that they're not distributing digital copies since it's streaming instead of downloading, but that is highly dubious both from a legal and a technical point of view. If Square Enix decided to sue them, well, I definitely wouldn't want to be them.

Obviously the Internet Archive is a big institution that pays lawyers who know way, way more about this than me. Maybe they even listen to them. So maybe I just missed the part of copyright law that says, "or just do whatever as long as you put an 'for research only' sign somewhere in there".

On the other hand, there are lots of organisations right now, some non-profit, some for-profit, whose entire role is "copyright violation but only like a little so companies won't sue because they'd hate the bad publicity", like Giphy, Archive Of Our Own (full disclosure: I donated money to and am therefore technically a member of Ao3's parent organization Office of Transformative Works), and in a wider sense arguably Twitter and Tumblr. Yes, they all claim "fair use", but they're generally either wrong or lying about that. Most of the things on the internet that people think are fair use are actually just plain unlicensed uses that the copyright holder doesn't care about. This seems to be one of them, though the only way we'll know for sure is if some company sues the Internet Archive and we get a ruling.
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Old Yesterday, 18:27   #3
BlueCake
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Good point. Doing some research, despite being abandonware, it seems like SQ has every right to sue then, although unlikely...
Something we need to change if you ask me, if you don't support your product, you can't claim it anymore, that would force gaming companies to care a lot more about the state and overall support of their games.
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Old Yesterday, 18:47   #4
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They won't know about it if we don't advertise it. Why don't people get this concept.

I'm surprised this thread is up and running since that site is often associated with piracy.
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Old Yesterday, 21:33   #5
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Laws aside… given that Square Enix are still trying to sell and make money off old Tomb Raiders, it’s not okay to download their games pirated for free from this site because it will harm their business. Whereas, for example if you tried to download an old ROM of a NES game (which until Nintendo released their NES mini, nobody at all was trying to sell or make money off these games), then why should anyone care if you download a pirated copy? That’s my opinion at least; and whether I would actually follow my own moral guidelines or still pirate software is not something appropriate to talk about here.
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