![]() That means efforts like those to restore online gameplay to the Wii and DS are still illegal under the DMCA. Creating third-party matchmaking tools, the LoC argued, would necessarily run afoul of the DMCA's "anti-trafficking provision," which prevents the wide distribution of tools that circumvent DRM and TPM. ![]() For one, gamers can't legally work to restore online gameplay in titles that required a defunct central server to coordinate such play. The LoC placed some important limitations on this new legal right, though. Under the rules, such authentication servers are considered abandoned when the publisher publicly announces that it has discontinued support or when an unannounced server shutdown has gone on for at least six months. ![]() Further Reading The day the Mario Kart died: Nintendo’s kill switch and the future of online consoles"The Register explained that the inability to circumvent the TPM would preclude all gameplay, a significant adverse effect, and that circumvention to restore access would qualify as a noninfringing fair use," the new rules read in part. ![]()
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