Video Game Preservation Takes a Huge Blow From a Copyright Lawsuit Loss – CBR

On Oct. 25, the Video Game History Foundation (VGHF) announced that the U.S. Copyright Office would not grant them an exemption from the Digital Millennium Copyright Act (DMCA). After three years of fighting against lobbyists to gain an exemption for the sake of video game preservation, their work towards supporting the Software Preservation Network (SPN) has been struck down. The VGHF and SPN had been working towards being granted access to digitally publish out-of-print video games for the sake of preservation.

The VGHF and SPN fought for the right to share digitized emulators of physical games that are now out-of-print in an online archive for researchers. The DMCA protects the rights of digital media, and has become a source of much contention lately as publishers have come under fire for claiming that digitally-bought products are not owned by players, but instead rented licenses.

Why Did the U.S. Copyright Office Deny This Exemption?

The ESA Fears the Risk of Abuse of This Exemption If It Were to be Granted

Despite the requested exemption by the VGHF meaning that most of the general population still wouldn’t have access to these digital libraries, publishers still see it as a threat. For three years, the VGHF and SPN have lobbied for this exemption, while the Entertainment Software Association (ESA) sought to have it denied. In a final ruling, it was stated that the ESA shared concerns that this exemption posed a “significant risk that preserved video games would be used for recreational purposes.”

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Are Emulators The Solution To Retro Games Preservation?

As the gaming industry expands and grows, emulators could be the key to preserving entire collections of retro games to play on modern consoles.

The VGHF and SPN provided solid arguments for the preservation of these games, citing that 87% of video games released in the U.S. prior to 2010 remain out of print. Despite the research and intention for the preservation to be used for educational and research purposes, the ESA felt that the guidelines presented were too loose and that it provided too much discretion for those handling the archives in terms of distribution. The judge also cited that this exemption for preservation could harm the current market for legacy video games.

Within their statement, the VGHF promises the fight isn’t over; the ESA has stated there will never be enough limitations for them to support this exemption, but that’s not deterring the VGHF’s joint efforts with SPN. With the phasing-out of physical media, and the rapid pace technology continues to advance, the gaming world needs preservation more than ever. Without it, games will continue to become rare or lost media.

Source: U.S. Copyright Office