Raelynn,Jun 1 2005, 11:47 PM Wrote:As far as I remember, there just wasn't ny copyright protections on the cartridge. Nothing at all prevented him from just connecting and copying the data from it.
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I think it is important to be carefull about the terminology here. You write "copyright protection" here but in reply to "copy protection" (EDIT: and in your initial post you actually wrote "copyright"). I don't know what a blanket "copyright protection" is. A "copy protection" despite probably being better labled "copy prevention" seems clear, something that tries to prevent copying. That is clear since copyright is about copying (among other things). WHat I think is bad about the DMCA (well, there are many other things as well) is that in addition to listing all the actions that are given as exlusive to the copyright holder, it also acts protection that control ACCESS!!! Access is not a right the copyright holder has, but according to the DMCA, you are not allowed to circumvent protection that controls access, basically giving a copyright holder and inderect new exclusive right, that of access. This is in contrast to the EU directive governing such proetcion and its circumvention that only deals with protection that control copyright relevant rights. That is, the act it protects agains, must have been an infringing act, which copying is but simply accessing it is not.
This difference is important since, one can control access by simply encrypt something. Encryption does not, however, in any way, prevent copying, one simply copy the encrypted data and everything is fine. The DMCA can outlaw that, while the EU directive would not (although some European countries have added in their own laws access as well, but it is not needed due to the EU directive and some countries have opted to not add it.
As example of access protection would for example be region coding on DVDs, it doesn't prevent copying but accessing, hence it is legal to circumvent such a "protection" in for example Sweden, even after them implementing the EU directive. Actually, this specific case is mentioned in the text describing and explaining the newly changed Swedish copyright law.
This does not change or affect you actual question though about the gameboy ROM. Since I am note familiar with the case, I can't comment on it.
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