Overview
The Law & Policy Working Group plays a crucial role in creating the policy conditions necessary for the long-term preservation of software, particularly focusing on historical, legacy, and culturally significant software. Since software preservation often intersects with complex legal issues such as intellectual property (IP) law, copyright regulations, licensing, and data privacy, the group works to build a legal framework that facilitates these preservation efforts. They do this by advocating for legal reforms, educating stakeholders, and clarifying the role of public institutions in supporting software preservation. These efforts help to lower the barriers to software preservation and make it accessible to a broader range of institutions and individuals. By addressing the legal and policy challenges that come with software preservation, the group contributes directly to SPN’s mission of enabling widespread access to software and the preservation of its cultural and historical value.
Our Work
By addressing the legal and policy challenges that come with software preservation, the Law & Policy Working Group contributes directly to SPN’s mission of enabling widespread access to software and the preservation of its cultural and historical value by:
- Advocacy for Legal Reforms: Actively engaging with government agencies to advocate for legal reforms and exemptions that support software preservation efforts.
- Copyright and IP Education: Producing resources to clarify the legal complexities of software preservation, including copyright regulations, licensing issues, and intellectual property rights.
- Policy Development and Collaboration: Collaborating with other stakeholders to develop policies that align with the needs of software preservationists, particularly within the public and academic sectors.
- Research on Legal Aspects: Conducting research into the legal challenges of software preservation, publishing findings, and facilitating discussions that inform advocacy efforts.
- Public Resource Sharing: Producing and sharing publicly accessible resources, including case studies and guides, to educate the broader community on navigating legal barriers to software preservation.
- Engaging with Community: Hosting “office hours” to provide direct support to community members and raising awareness about secured rights and legal resources available for software preservation.
The Law & Policy Working Group has helped achieve important legal progress for software preservation: Key successes include securing DMCA exemptions that support preservation work in libraries, archives, and other cultural institutions. The group has intervened in significant cases, clarifying the legal standing of software preservation and advocating for exemptions or exceptions within various intellectual property frameworks. By creating accessible educational resources, they’ve made copyright law easier to understand and apply, helping software preservationists across institutions understand and utilize their rights. They also advocate for preserving open-source and public-domain software by advocating for clearer rights and regulations to ensure these valuable resources are accessible for future generations.
Our Work
By addressing the legal and policy challenges that come with software preservation, the Law & Policy Working Group contributes directly to SPN’s mission of enabling widespread access to software and the preservation of its cultural and historical value by:
- Advocacy for Legal Reforms: Actively engaging with government agencies to advocate for legal reforms and exemptions that support software preservation efforts.
- Copyright and IP Education: Producing resources to clarify the legal complexities of software preservation, including copyright regulations, licensing issues, and intellectual property rights.
- Policy Development and Collaboration: Collaborating with other stakeholders to develop policies that align with the needs of software preservationists, particularly within the public and academic sectors.
- Research on Legal Aspects: Conducting research into the legal challenges of software preservation, publishing findings, and facilitating discussions that inform advocacy efforts.
- Public Resource Sharing: Producing and sharing publicly accessible resources, including case studies and guides, to educate the broader community on navigating legal barriers to software preservation.
- Engaging with Community: Hosting “office hours” to provide direct support to community members and raising awareness about secured rights and legal resources available for software preservation.
Our Impact
The Law & Policy Working Group has been instrumental in securing important legal victories for the software preservation community. Notable successes include:
- DMCA Rulemaking: SPN and the L&P WG have successfully influenced the DMCA (Digital Millennium Copyright Act) Rulemaking process, securing exemptions that allow for important preservation activities in libraries, archives, and other cultural institutions.
- Litigation and Legal Interventions: The WG has intervened in significant cases, clarifying the legal standing of software preservation and advocating for exemptions or exceptions within various intellectual property frameworks.
- Community Engagement and Education: The WG’s efforts in creating and sharing resources have demystified the complexities of copyright law and helped software preservationists across institutions understand and utilize their rights.
- Advocacy for Open Source Preservation: Supporting the preservation of open-source and public-domain software by advocating for clearer rights and regulations to ensure these valuable resources are accessible for future generations.
How You Might Engage with the Working Group
The Law & Policy Working Group is an active and collaborative community, and we welcome new members who are eager to contribute and learn. Here are ways you can get involved:
Learn from Legal Experts: Engage in advocacy efforts and learn about legal strategies from experienced practitioners in the field.
Share Your Experiences: Help the group understand how copyright issues affect your work “on the ground.” Your feedback is vital in shaping our advocacy efforts and ensuring that the needs of the preservation community are accurately represented.
Join Ongoing Advocacy Campaigns: Contribute to efforts like the DMCA rulemaking process or other legal initiatives that affect the future of software preservation.
Participate in Educational Resources: Contribute to the development of new literacy tools, such as case studies or explanatory guides, to help the community better understand and navigate copyright and IP law.
If you’re passionate about making software preservation more feasible and sustainable through legal and policy work, we encourage you to join the Law & Policy Working Group and help shape the future of this critical area.