Accidental Tech Podcast · Monday, July 27, 2026
Jason Griffy, who has a career in library technology, explained the legal framework for game preservation, referencing copyright exceptions like Title 17, U.S. Code, Section 108, which is format-neutral. He highlighted the conflict between laws allowing preservation copies and the DMCA making it illegal to circumvent DRM to do so, noting that exemptions for video game DRM must be re-won every three years.
“So when you got into game preservation on the show, I figured I'd write in with some information about the legal landscape.”
“The first thing to know is that libraries get their own copyright exceptions, separate from fair use, which also still applies.”
“It's title 17, United States Code, section 108, and the key thing about it is that it's format neutral.”
“The DMCA. Section 1201 makes it illegal to circumvent DRM, full stop, even to make a copy that section 108 explicitly says you're allowed to make.”
“Also, every one of these exemptions expires and has to be rewon every three years.”