Not at all - FYI, I have some legal background and have done some consulting in copyright law, derivative work, IP/IC, etc.Originally Posted by sremick
The law cited only implies coverage for the content in question - Nintendo could lobby that video game media doesn't fall into "computer program" but under the Title codes that protect entertainment media. I bet there's a 1000 page license agreement locked up in the Nintendo tower that covers all the esoteric details.
Not to mention (and this could be the clincher), if making an "archive copy" requires bypassing copy protection, the act of making a usable copy violates a handful of laws in and of itself. This is/was the sticky situation for companies producing DVD/DVR/Ripping type devices - DVD CCA said it's OK to copy them but not bypass DRM.
Er, OK, so that's like a yes, but not really
For that matter, you might even argue that copy protection in itself violates Chapter 1/Section 117 as it disallows you to make that archive copy which you are supposedly entitled to do.
I do know that the Feds cracked down in the US on dozens of ModChip companies and those people are potentially facing serious charges (i.e., a device to bypass copy protection, even if it's marketed for "archive copies" violates some interpretation of Chapter 1/DRM/DMCA).
Good food for thought though