They made the exception for obsolete computer programs/games among others. Their definition of obsolete is:
A format shall be considered obsolete if the machine or system necessary to render perceptible a work stored in that format is no longer manufactured or is no longer reasonably available in the commercial marketplace.
Takedown orders will still hold, if the content is still manufactured. Well, at least they don't have to wait until it reaches public domain!
The first few pages of the official document (pdf warning) give more details.