ARL has released the Code of Best Practices in Fair Use for Software Preservation.
Here's an excerpt:
This Code was made by and for the software preservation community, with the help of legal and technical experts. It provides librarians, archivists, curators, and others who work to preserve software with a tool to guide their reasoning about when and how to employ fair use, in the most common situations they currently face. It does not provide shortcuts in the form of prescriptive "guidelines" or rules of thumb. Nor does it seek to address all the possible situations in which software preservation professionals might employ fair use, now or in the future.
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