Okay updated my thoughts after reviewing the document some more.
https://www.copyright.gov/title17/92chap12.html#1201 would seem to conflict, so the user is allowed to modify their game but would have to do that themselves in all aspects? Have the know how to modify the game, Load up debugging tools, hex editors, etc? Seems unrealistic.
This states:
(a) Violations Regarding Circumvention of Technological Measures.—(1)(A) No person shall circumvent a technological measure that effectively controls access to a work protected under this title. The prohibition contained in the preceding sentence shall take effect at the end of the 2-year period beginning on the date of the enactment of this chapter.
"(b) Additional Violations.—(1) No person shall manufacture, import, offer to the public, provide, or otherwise traffic in any technology, product, service, device, component, or part thereof, that—
(A) is primarily designed or produced for the purpose of circumventing protection afforded by a technological measure that effectively protects a right of a copyright owner under this title in a work or a portion thereof;"
The newer document states "when the copyright owner or its authorized representative has ceased to provide access to an external computer server necessary to facilitate an authentication process to enable gameplay" which I'm thinking supercedes the older one since the below from the newer document states:
"The Librarian of Congress, pursuant to section 1201(a)(1) of title 17, United States Code, has determined in this seventh triennial rulemaking proceeding that the prohibition against circumvention of technological measures that effectively control access to copyrighted works shall not apply to persons who engage in noninfringing uses of certain classes of such works. This determination is based upon the Recommendation of the Acting Register of Copyrights, which was transmitted to the Librarian on October 5, 2018.[1]"
BUT then there is
"Significantly, exemptions adopted by rule under section 1201(a)(1) apply only to the conduct of circumventing a technological measure that controls access to a copyrighted work. Other parts of section 1201, by contrast, address the manufacture and provision of—or “trafficking” in—products and services designed for purposes of circumvention. Section 1201(a)(2) bars trafficking in products and services that are used to circumvent technological measures that control access to copyrighted works (for example, a password needed to open a media file),[10]
while section 1201(b) bars trafficking in products and services used to circumvent technological measures that protect the exclusive rights of the copyright owner in their works (for example, technology that prevents the work from being reproduced).[11]
The Librarian of Congress has no authority to adopt exemptions for the anti-trafficking prohibitions contained in section 1201(a)(2) or (b).[12]
More broadly, activities conducted under the regulatory exemptions must still comply with other applicable laws, including non-copyright provisions."
SO
"Circumvention" IS allowed if but "manufacture, import, offer to the public, provide, or otherwise traffic in any technology, product, service, device, component, or part thereof" a tool required to circumvent is NOT ALLOWED is the way I read it. Instructing how to acquire the tools and use them is not covered and is allowed.
So the only way legally to allow "manufacture, import, offer to the public, provide, or otherwise traffic in any technology, product, service, device, component, or part thereof" of these tools would be on a server that is not under U.S. jurisdiction and also likely not managed or used by a U.S. citizen to ""manufacture, import, offer to the public, provide, or otherwise traffic in any technology, product, service, device, component, or part thereof". Directing people to such a server isn't covered.
So the various steam emulators on github, gitlab, source ports (if used to bypass DRM), ScummVM (if it removes\bypasses copy protection) etc are in violation of of 1201(2) and 1201(b)....
Guess I'll keep on posting lists then....sigh. I can likely expand though and provide better instructions.
"Exemption to Prohibition on Circumvention of Copyright Protection Systems for Access Control Technologies" is kind of toothless. It allows the user to circumvent but the bar is incredibly high for them to modify their game so they can play it. Realistically someone else has to produce a tool and provide it so the user can use it to be able to use this Exemption.
https://www.eff.org/pages/unintended-conseque … ears-under-dmca