I have justified it, and I like others have benefited from the process. I can see 80's games running on old hardware that should be kept. Not games running on x86. Dump it be all means but store it until it becomes relevant to document it. We all have to obey the law regardless if we think it an ass.
The Library of Congress would substantiate your intentions to archive said games, and provide the cover mentioned in the DMCA to further your activities without future risk.
There again a project isn't a project without some risk, eh?
If you think I am wrong, do not just post it without credible references. When you post without references I do not take any notice, as far as I am concerned posts without references is just hearsay.