From www.Gamasutra.com:
The exemption applies to games that require the original media or hardware as a condition of access, and it determines a format obsolete ?if the machine or system necessary to render perceptible a work stored in that format is no longer manufactured or is no longer reasonably available in the commercial marketplace.?
Seems reasonable to me. I guess applies to the earlier emulation thread as well.
Unfortunately, [url="http://www.1up.com/article2/0,4364,1383026,00.asp"]Sega have different plans[/url]..
quote:"Sega today opened the official page for its soon-to-debut "Sega Game Honpo" service, a new subscription-based retro-gaming site where players can download and play an array of 16-bit games on their PCs. Starting November 20, Japanese gamers will be able to subscribe and play a growing selection of Mega Drive/Genesis games via the site, and Sega will gradually expand the library of games offered on a monthly basis."
I remember reading a few years ago, that once a game has become 10 years old, it can become freely distributed. PC Powerplay had the full version of Ultima 4 on one of their cover discs. I would be interested to know if this still exists. I always waited for id to release Doom for free at it 10 year aniversary. Instead they released the Doom chronicals package. I bought that instead :P