Publishers are absolutely terrified "preserved video games would be used for recreational purposes," so the US copyright office has struck down a major effort for game preservation

Oct. 25, 2024

“This fails the needs of citizens in favor of a weak sauce argument from the industry, and it’s really disappointing”

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A three-year fight to help support game preservation has come to a sad end today. The US copyright office has denied a request for a DMCA exemption that would allow libraries to remotely share digital access to preserved video games.

Still, the US copyright office has said no. “The Register concludes that proponents did not show that removing the single-user limitation for preserved computer programs or permitting off-premises access to video games are likely to be noninfringing,” according to thefinal ruling. “She also notes the greater risk of market harm with removing the video game exemption’s premises limitation, given the market for legacy video games.”

That ruling cites the belief of the Entertainment Software Association and other industry lobby groups that “there would be a significant risk that preserved video games would be used for recreational purposes.” We cannot, of course, entertain the notion that researchers enjoy their subjects for even a moment. More importantly, this also ignores the fact that librariesalreadylend out digital versions of more traditional media like books and movies to everyday people for what can only be described as recreational purposes.

Members of the VGHF are naturally unhappy with the decision. “Unfortunately, lobbying efforts by rightsholder groups continue to hold back progress,” the group says in its statement, noting the ESA’s absolutist position that it wouldnot support a similar sort of copyright reform under any circumstances.

“I’m proud of the work we and the orgs we partnered with did to try and change copyright law,” VGHF founder and director Frank Cifaldi says onTwitter. “We really gave it our all, I can’t see what else we could have done. This fails the needs of citizens in favor of a weak sauce argument from the industry, and it’s really disappointing.”

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