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So, what about the "audiovisual content that was used to
So, what about the "audiovisual content that was used to obtain your information?" What about the "content that has been used to obtain and distribute your information to the public under terms of this Agreement, which is in direct conflict [with] the terms under which this Agreement is signed and in which you are authorized to obtain such information?"
Librarian of Congress Roberta Lange said the issue of whether or not a game is "abandoned" is up for a "discovery" hearing at which she might propose legal action to recover funds. It appears likely, however, that the Librarian's office will be able to get some of the money they needed for one of the games they were "abandoning" to bring back to the public. It's unlikely that the Librarian's Office will get the funds for a game that was "abandoned" to them, though, as it may be able to use that funds to pay for a video game that was used to "retain, distribute, or otherwise use your information" for research. That's not the sort of "audiovisual content" that would be protected by the DMCA.
In other words, the "online game" exemption won't be available to developers, publishers, or anyone who is paying for the games they're using. But, given the fact that a number of these games may be used to "retain, distribute, or otherwise use your information," it would be surprising if they're used to get around the restrictions placed by the LoC.
"The Librarian of Congress should have been able to bring a case on all these issues. But she didn't," said Roberta Lange
The Librarian's Office has been working with some of the biggest game developers and publishers to bring back pirated games in recent years. But since the Librarian's previous position was that game publishers should not be allowed to use games they made to sell or sell "back doors" in the online games marketplace, it's been clear that the Librarian's office is concerned that more games are being used to get around the "back doors" provision of the DMCA.
This is "the best way to prevent the kinds of harms the DMCA imposes on publishers and developers and to ensure that games that are being used to advance free software (such as free game software) are not used in a manner that could actually harm their communities," the Librarian's office wrote in a 2013 letter to the publishers. The Librarian's office also
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