457
you are viewing a single comment's thread
view the rest of the comments
view the rest of the comments
this post was submitted on 04 Aug 2024
457 points (99.6% liked)
Games
31838 readers
1148 users here now
Welcome to the largest gaming community on Lemmy! Discussion for all kinds of games. Video games, tabletop games, card games etc.
Weekly Threads:
Rules:
-
Submissions have to be related to games
-
No bigotry or harassment, be civil
-
No excessive self-promotion
-
Stay on-topic; no memes, funny videos, giveaways, reposts, or low-effort posts
-
Mark Spoilers and NSFW
-
No linking to piracy
More information about the community rules can be found here.
founded 1 year ago
MODERATORS
Thank you for taking the time to share your expertise.
In the EU, things are a bit different. US Fair Use is quite open ended, with a lot of room for interpretation. In the case of EU copyright laws, the list of exclusions is explicitly listed in Information Society Directive Article 5.
In my opinion this could fall into either art. 5.3(d), art. 5.3(i), or art. 5.3(k), but I'm no copyright law specialist. I do have one among my friends, but she kinda got a child last week, I'm not gonna bother her for that ๐ .
First, please take into consideration that lemmy.world website and organisation is bound to EU laws (as stated in the TOS). As such, in the current case the EU copyright laws, that are as previously stated, far more restrictive than the US ones.
As you stated, the objective of ROM patches is to modify copyrighted material. One of the right protected by copyright in the EU is the right to modify a software.
By default, if no licence is given, software is considered as being under the most restrictive licence available (even if the source code is freely available), which means, in this case, an "all rights reserved" licence, which prohibit software modification.
In the EU, third party patches are considered as derivative works, and requires an explicit authorisation from the copyright holder to be published and used on copyrighted material. Some exceptions exists, as previously stated, but applying them here would be quite far fetched.
For now, and while I keep researching on the application of EU copyright laws to try to find a flaw that would allow me to authorize those links, I'll have to keep those links removed.
The comments would be restored if the link are removed by the comment authors.