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Technology
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The ridiculousness of this is that out-of-print game libraries are already freely available online for no effort. Pirating games of the late 90s and early 2000s is trivial. This is yet another case where a legitimate use of software (academic research, preservation) is made more difficult than just simple emulation by broken DRM and copyright rules.
Call me crazy, but if libraries and academics are legally prevented from preserving art while alleged "illegal piracy" is forced to do the bulk of game categorization, research and preservation I'd say your copyright system has thoroughly failed at its intended purpose.