> The legality of emulation was strongly upheld under pre-DMCA copyright law in U.S. court decisions where console makers lost against emulator developers.
SCEA v. Bleem was filed in 1999, and the DMCA came into effect in 1998.
But the DMCA's 1201 provisions didn't apply to Sony v. Bleem since the DRM scheme of the PlayStation didn't attempt to stop you from copying, but instead focused on stopping a legitimate PS1 from playing copies.
Careful, §1201(a)(1) (to which the exemption rulemaking process applies) was delayed, but §1201(a)(2) and §1201(b) (which don't have the exemption rulemaking attached) were not delayed this way. (a)(1) is an "acts" provision while (a)(2) and (b) are "tools" provisions.
SCEA v. Bleem was filed in 1999, and the DMCA came into effect in 1998.