Overview

The Software Preservation Network endeavors to ensure that cultural memory institutions and related entities can exercise broad and clear legal rights to engage in software preservation (including providing access for research, teaching, and learning). We do this in two principal ways: by educating our members about their legal rights and responsibilities, and by advocating on behalf of our members in a variety of legal and political forums, including government agencies, courts, and legislatures. We also facilitate better private arrangements with donors and vendors by identifying good practices that preserve and build on members’ legal rights and policy interests. 

Working Group

The Law & Policy Working Group supports SPN’s goal to explore and document fair use, licensing and information policy specifics pertaining to the lawful preservation, sharing and reuse of software in cultural heritage and research contexts. This charge also includes policy at the institutional level as it pertains to collection development, day-forward enterprise software licensing and information security.

Coordinator: Graeme Slaght, University of Toronto

Members: Paula Jabloner, Computer History Museum; Ana Enriquez, Penn State University; Raven Lanier, University of Michigan; Graeme Slaght, University of Toronto; Brandon Butler, University of Virginia; Alexander Roberts, Swansea University; and Paul Wheatley, Digital Preservation Coalition.

Past Members: Jessica Meyerson, Educopia Institute; Jess Whyte, University of Toronto; Yuanxiao Xu, University of Michigan

Current goals: 

  • Facilitate and coordinate monthly copyright chats with Brandon Butler to discuss legal issues around software preservation and access, especially Fair Use Best Practices & DMCA exemption
  • Solicit feedback from SPN community on utility of tools developed by the Law & Policy working group, and assess what’s needed to build momentum 
  • Provide monthly law & policy updates in Stacktrace, and periodically on website

Related News

SPN and Library Copyright Alliance Petition for Updated DMCA Rules to Expand Access to Preserved Software

The Software Preservation Network ended 2023 with a bang, filing its first set of arguments in the latest cycle of the triennial DMCA rulemaking. We were represented by our attorneys at the Harvard Cyberlaw Clinic, and joined in the filing …Continue SPN and Library Copyright Alliance Petition for Updated DMCA Rules to Expand Access to Preserved Software

Briefs/Filings, Featured News, Law Posts, News, , ,

Amicus Brief in Green v. Department of Justice

SPN joined an amicus brief in Green v. DOJ, a lawsuit brought by the online civil rights group Electronic Frontier Foundation against the US government challenging key parts of the Digital Millennium Copyright Act. The suit argues that the Act’s …Continue Amicus Brief in Green v. Department of Justice

Briefs/Filings, Featured News, Law Posts, News, , ,

SPN Supports Proposed Changes to Access to Electronic Works

The Software Preservation Network has submitted comments to the US Copyright Office in support of proposed changes to access to electronic works. You can read more about these proposed changes in this blog post by Lila Bailey (Internet Archive) and …Continue SPN Supports Proposed Changes to Access to Electronic Works

Briefs/Filings, Featured News, Law Posts, News, , ,

Letter to WIPO SCCR Delegates re pending copyright matters

SPN has joined the Access to Knowledge Coalition (A2K), which represents educators, researchers, students, libraries, archives, museums, other knowledge users, and creative communities around the globe, to urge the 44th session of WIPO’s Standing Committee on Copyright and Related Rights …Continue Letter to WIPO SCCR Delegates re pending copyright matters

Briefs/Filings, Law Posts, News, , ,

SPN Joins Library Futures, Everylibrary Institute, ALA, ACRL, and ARL in Filing Amicus Brief in Warhol Fair Use Case

In a closely-watched case involving artist Andy Warhol, the Supreme Court’s opinion refined its fair use approach, emphasizing the importance of using existing works for a new purpose. SPN joined an amicus brief to explain the value of fair use …Continue SPN Joins Library Futures, Everylibrary Institute, ALA, ACRL, and ARL in Filing Amicus Brief in Warhol Fair Use Case

Briefs/Filings, Law Posts, News, , ,

Video Game History Foundation and SPN release Survey of the Video Game Reissue Market in the United States

In partnership with the Video Game History Foundation, the Software Preservation Network is excited to share the first ever survey of the commercial availability of classic video games. Video games are part of our cultural history. But while the video …Continue Video Game History Foundation and SPN release Survey of the Video Game Reissue Market in the United States

Featured News, Home, News, Press, ,

August-September 2020: RBG and Oracle; Sovereign Immunity Study; SPN joins CASE Act Letter; DMCA Marches

The legal world was shaken by the death of Ruth Bader Ginsburg in September, and the extraordinary speed with which President Trump and Senate Majority Leader Mitch McConnell intend to replace her. The new nominee, Amy Coney Barrett, doesn’t have …Continue August-September 2020: RBG and Oracle; Sovereign Immunity Study; SPN joins CASE Act Letter; DMCA Marches

Law Posts, News,

You’re Invited! SPN Law & Policy Chat on the DMCA Remote Access Limitation

You’re invited to a special public session of the SPN Law & Policy Chats! Each month, SPN’s Law & Policy Advisor, Brandon Butler, creates space for SPN members to come and ask questions that help them understand how the law …Continue You’re Invited! SPN Law & Policy Chat on the DMCA Remote Access Limitation

Law Posts, News,

Comments of the Software Preservation Network in re Public Access to Peer-Reviewed Scholarly Publications, Data and Code Resulting From Federally Funded Research

Formal comments submitted by the Software Preservation Network to the Office of Science and Technology Policy in response to a Request for Information regarding “Public Access to Peer-Reviewed Scholarly Publications, Data and Code Resulting From Federally Funded Research.” Thank you …Continue Comments of the Software Preservation Network in re Public Access to Peer-Reviewed Scholarly Publications, Data and Code Resulting From Federally Funded Research

Law Posts, News,

Google v. Oracle: A Landmark Software Copyright Case

This term the Supreme Court will hear arguments in Oracle v. Google, a major software copyright case. SPN members should keep a close watch on this case, as it could shape the scope of copyright protection for software as well as …Continue Google v. Oracle: A Landmark Software Copyright Case

Law Posts, News,

Software Preservation Networks Joins Amicus Brief Filed with the Supreme Court

Last week, the Software Preservation Network joined an amicus brief filed with the Supreme Court. In this blog post, I’ll say a little bit about the case, Allen v. Cooper, and, since this is the first time SPN has joined an …Continue Software Preservation Networks Joins Amicus Brief Filed with the Supreme Court

Law Posts, News,

Is Old Licensed Software Legal Kryptonite? Lessons from the Adobe Letter.

Oh hello! I’m Brandon Butler, the Law and Policy Advisor for SPN, and this is a new regular-ish blog feature called I am Not Your (Software) Lawyer. The name is apt, because although I am indeed a lawyer, I am not your …Continue Is Old Licensed Software Legal Kryptonite? Lessons from the Adobe Letter.

Law Posts, News,