mirror of
https://github.com/Abdess/retroarch_system.git
synced 2026-11-06 10:03:49 -06:00
docs: say the legal answer once
A closing Summary restated the opening lines on the strongest and weakest ground, and the not-legal-advice line came three times. The disclaimer stays at the top, and the one sentence the summary added, the risk the project accepts, moves to the encryption keys section.
This commit is contained in:
1 parent
e871e01abf
commit
1518ca53ad
2 files changed
+9
-8
No files matched your search
@@ -455,6 +455,13 @@ class LegalOpensInPlainWords(unittest.TestCase):
|
||||
self.assertEqual(re.findall(r"(?m)^## ", detail), [])
|
||||
self.assertIn("### Emulation and BIOS redistribution", detail)
|
||||
|
||||
def test_said_once(self):
|
||||
"""A closing Summary restated the opening lines, and "not legal
|
||||
advice" came three times."""
|
||||
self.assertEqual(self.text.count("legal advice"), 1)
|
||||
self.assertNotIn("### Summary", self.text)
|
||||
self.assertIn("The project accepts that risk deliberately", self.text)
|
||||
|
||||
def test_a_contact_section_names_only_a_channel_that_exists(self):
|
||||
section = _section(self.text, "Contact")
|
||||
self.assertIn("https://github.com/Abdess/retrobios/issues", section)
|
||||
|
||||
+2
-8
@@ -18,7 +18,7 @@ It depends on your country. Nothing here is legal advice.
|
||||
|
||||
## The reasoning in detail
|
||||
|
||||
Redistributing firmware is not settled law. Below is the reasoning the project acts on, with the strength of each argument, so anyone can weigh it. None of it is legal advice, and none of it has been tested in court.
|
||||
Redistributing firmware is not settled law. Below is the reasoning the project acts on, with the strength of each argument, so anyone can weigh it. None of it has been tested in court.
|
||||
|
||||
### Emulation and BIOS redistribution
|
||||
|
||||
@@ -29,7 +29,7 @@ Redistributing firmware is not settled law. Below is the reasoning the project a
|
||||
|
||||
### Encryption keys (Switch prod.keys, 3DS AES keys, Wii U keys)
|
||||
|
||||
This is the most contested area, and the weakest part of the project's position.
|
||||
This is the most contested area, and the weakest part of the project's position. The project accepts that risk deliberately, in the belief that these files are worth preserving while they can still be obtained.
|
||||
|
||||
- **Keys are unlikely to be copyrightable.** A bare numeric value has no author's creative expression, so copyright is a poor fit. This says nothing about the DMCA, which is the provision that actually applies.
|
||||
- **DMCA 1201(f) is narrow.** Section 1201(f) allows a person who has lawfully obtained the right to use a copy to circumvent for the sole purpose of achieving interoperability with an independently created program, and 1201(f)(3) allows the means to be made available to others only for that same purpose. Publishing keys openly is not obviously within that allowance, and the trafficking prohibitions in 1201(a)(2) and 1201(b) remain in play. This is the clearest legal risk the project carries.
|
||||
@@ -43,12 +43,6 @@ This is the most contested area, and the weakest part of the project's position.
|
||||
- **Functional necessity.** Emulators cannot run the software these systems were built for without this firmware. That is why the files are collected. It is a statement of purpose, not a legal defence in itself.
|
||||
- **Yuzu context.** The Yuzu settlement (2024) concerned the emulator and its alleged facilitation of piracy. Yuzu settled without admitting liability, so it set no precedent either way on firmware or key redistribution. It does show that rights holders in this space litigate.
|
||||
|
||||
### Summary
|
||||
|
||||
This project preserves BIOS files, firmware and keys for personal use, archival and interoperability. The strongest ground is the older, discontinued firmware, where fair use and the absence of a market both point the same way. The weakest is the encryption keys, where DMCA 1201 applies and the interoperability exemption is narrower than the use made of it here. The project accepts that risk deliberately, in the belief that these files are worth preserving while they can still be obtained.
|
||||
|
||||
This reflects the project's good-faith understanding, not legal advice.
|
||||
|
||||
## Asking for a file to be removed
|
||||
|
||||
A rights holder, or anyone acting for one, can [open an issue](https://github.com/Abdess/retrobios/issues) identifying the file by path or hash. A file whose removal is requested by its rights holder is removed from the repository and from the next release. No formal notice is required and none will be demanded. State the file and the basis of the claim. The same channel is open to anyone else with a concern about a specific file.
|
||||
|
||||
Reference in new issue
Block a user