Video Game Preservation Efforts Just Got Some Bad News From US Copyright Office

As a seasoned gamer with decades of memories etched into my hard drive and countless controllers worn out from countless hours spent navigating virtual worlds, I find this decision by the US Copyright Office to be nothing short of disheartening. The denial of the petition to allow libraries to share out-of-print video games remotely feels like a punch in the gut for anyone who values the rich history and cultural significance that these games represent.


Approximately three years ago, the Software Preservation Network and the Video Game History Foundation submitted a proposal to the United States Copyright Office, asking for permission to enable libraries to share vintage video games they hold with researchers digitally. Regrettably, this petition was rejected recently, signifying that the fight to preserve out-of-print games has reached its conclusion.

In simpler terms, the Copyright Office has supported the viewpoint of the Entertainment Software Association and other gaming lobbyists, stating that allowing libraries to share digital game access might result in the games being used for entertainment purposes instead of academic or research use only. This means that if researchers were to play these games remotely, it could potentially be considered a violation of copyright laws.

The Video Game History Foundation voiced their disapproval over this decision, highlighting that approximately 87% of video games launched in the U.S. before 2010 are no longer available for purchase. Frank Cifaldi, the organization’s founder and director, expressed his pride in the efforts made by themselves and their collaborators to alter copyright law. He believes they gave it their all, and it is disheartening that this decision does not meet the public’s needs but instead caters to a weak industry argument, disappointingly so.

The Copyright Office’s ruling further clarified that granting libraries the requested exemption might inadvertently hinder video game manufacturers’ efforts to reissue and market their classic, vintage games to contemporary buyers. However, as pointed out by VGHF, companies such as Nintendo have allowed numerous old titles to go out of print or remain unavailable for purchase as digital downloads.

It remains uncertain whether video game conservationists can do anything to contest this ruling. On the other hand, the Entertainment Software Association (ESA) previously stated their opposition to any agreement allowing researchers to share out-of-print games digitally.

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2024-10-28 17:38