# United States, Europe and the United Kingdom

This page is not legal advice. The law of the country where you live applies to you.

## United States

- **Studying a program.** Section 1201(f) of the Copyright Act lets a person who has lawfully
  obtained the right to use a program analyse it to make an independently created program work
  with it ([17 U.S.C. 1201](https://www.law.cornell.edu/uscode/text/17/1201)). In *Sega v.
  Accolade* (1992), the court held that disassembling a game to learn how it worked with the
  console was fair use
  ([Copyright Office summary](https://www.copyright.gov/fair-use/summaries/segaenters-accolade-9thcir1992.pdf)).
  In *Sony v. Connectix* (2000), it held the same for copies made while building an emulator
  ([Copyright Office summary](https://www.copyright.gov/fair-use/summaries/sony-connectix-9thcir2000.pdf)).
- **Locks.** Breaking an access lock and selling tools are both banned. The Copyright Office adds
  exemptions every three years. The current ones run from October 2024 to October 2027. A
  person may restore a game whose servers have been shut for at least six months, for
  "personal, local gameplay"
  ([37 CFR 201.40](https://www.ecfr.gov/current/title-37/chapter-II/subchapter-A/part-201/section-201.40)).
- **Libraries and archives.** Libraries, archives and museums may keep games playable on their
  own premises. In October 2024 the Copyright Office refused to let them offer out-of-print
  games remotely for research. It said the proposed safeguards were too weak
  ([VGHF statement](https://gamehistory.org/dmca-2024-statement/)). The next rulemaking opened in
  June 2026 ([Copyright Office](https://www.copyright.gov/1201/2027/)).
- **How long copyright lasts.** 95 years from publication for works made by a company (not
  confirmed).
- **Cases.** Nintendo's case against the Yuzu emulator settled in 2024 for $2.4 million, on
  circumvention claims
  ([ChannelNews](https://www.channelnews.com.au/nintendo-settles-lawsuit-with-tropic-haze/)).
- **Games that shut down.** No US law covers them.

## European Union

- **Studying a program.** Article 5(3) of the Software Directive lets a lawful user observe,
  study and test a program while running it, to find the ideas behind it. Article 6 allows
  decompiling where it is indispensable to make an independently created program work with it.
  Article 6(2)(c) forbids using what you learn to make a program "substantially similar in its
  expression". Article 8 voids contract terms that override these rights
  ([Directive 2009/24/EC](https://eur-lex.europa.eu/eli/dir/2009/24/oj)). In *SAS Institute v
  World Programming* (2012), the Court of Justice held that a program's functionality, its
  programming language and its data file formats are not protected as expression
  ([SCL](https://www.scl.org/2451-sas-institute-inc-v-world-programming-ltd-report-and-analysis/)).
- **Locks.** Breaking locks and selling tools are banned.
- **Libraries and archives.** Article 6 of the 2019 copyright directive lets cultural heritage
  institutions make preservation copies. EFGAMP, the European federation of game archives, says
  it covers games ([EFGAMP](https://efgamp.eu/2019/10/22/winner-games-heritage-games-preservation-advanced-by-eu-copyright-directive/)).
- **How long copyright lasts.** The author's life plus 70 years.
- **Games that shut down.** The Stop Destroying Videogames citizens' initiative gathered
  1,294,188 verified signatures. In June 2026 the European Commission chose a voluntary industry
  code of conduct over new law
  ([Lewis Silkin](https://www.lewissilkin.com/insights/2026/06/24/european-commission-stops-short-of-imposing-mandatory-requirements-following-citi-102n4yy)).
  In France, the consumer group UFC-Que Choisir began legal action over shutdowns on 31 March
  2026 ([IRIS](https://merlin.obs.coe.int/article/10576)).

## United Kingdom

- **Studying a program.** Section 50BA of the Copyright, Designs and Patents Act 1988 lets a
  lawful user observe, study and test a program while running it
  ([s.50BA](https://www.legislation.gov.uk/ukpga/1988/48/section/50BA)). Section 50B lets a
  lawful user decompile a program to create an independent program that works with it
  ([s.50B](https://www.legislation.gov.uk/ukpga/1988/48/section/50B)).
- **Locks.** Breaking locks and selling tools are banned.
- **How long copyright lasts.** The author's life plus 70 years.
- **Games that shut down.** A petition reached 189,887 signatures. The government replied that it
  has "no plans to amend UK consumer law"
  ([UK Parliament](https://petition.parliament.uk/petitions/702074)). Parliament debated it on
  3 November 2025 ([Hansard](https://hansard.parliament.uk/commons/2025-11-03/debates/C603C07C-1BB5-41EF-A3C1-1AE1FEBBB95D/VideoGamesConsumerLaw)).

## Norway

Norway applies the EU Software Directive through the European Economic Area.

- **Studying a program.** Sections 41 and 42 of the Copyright Act 2018 cover use, back-up copies,
  study and decompiling (not confirmed) ([Lovdata](https://lovdata.no/dokument/NL/lov/2018-06-15-40)).
- **How long copyright lasts.** The author's life plus 70 years (not confirmed).

## Switzerland

- **Studying a program.** Art. 21 of the Copyright Act allows decompiling to get interface
  information. Art. 24(2) allows one back-up copy, and a contract cannot exclude it (not
  confirmed) ([Fedlex](https://www.fedlex.admin.ch/eli/cc/1993/1798_1798_1798/en)).
- **Locks.** Art. 39a(4) lifts the ban for circumvention done only for a permitted use (not
  confirmed).
- **Libraries and archives.** Art. 24(1bis) lets memory institutions copy to preserve their
  holdings (not confirmed).
- **How long copyright lasts.** The author's life plus 50 years for programs (not confirmed).
- **Owners who cannot be found.** Art. 22b (not confirmed).

## What this means for a project

The laws of these countries permit observing the running game. They permit decompiling it for
interoperability. They do not permit sharing the game or breaking locks. Under the EU and UK
rules, new code that copies none of the original's expression has the lowest risk.
