The US Copyright Office has denied a request from video game preservationists to allow libraries to share out-of-print video games in their collections with researchers remotely. The Software Preservation Network and the Video Game History Foundation had petitioned the Copyright Office three years ago to grant this exemption, but their battle has now come to an end. The Entertainment Software Association (ESA) and other video game lobbyists argued against the petition, claiming that allowing remote access to these games could lead to copyright infringement if researchers enjoyed playing them recreationally.
The Copyright Office sided with the ESA, stating that the exemption could potentially harm video game companies‘ efforts to repackage and sell their older titles to modern consumers. Frank Cifaldi, founder and director of the Video Game History Foundation, expressed his disappointment with the decision, stating, “I’m proud of the work we and the organizations we partnered with did to try and change copyright law. 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 argument from the industry, and it’s really disappointing.”
Copyright Office rules against game preservation
The Video Game History Foundation pointed out that around 87 percent of video games released in the United States before 2010 remain out of print, making it difficult for researchers to access and study them. Even companies like Nintendo have allowed many older titles to fall out of print or remain unavailable as downloadable titles.
It remains unclear if video game preservationists can take any further steps to challenge this decision. The ESA, on the other hand, had already announced earlier this year that they support the ruling against remote access for researchers. The denial of this exemption highlights the ongoing challenges faced by video game preservationists in their efforts to protect and study the history of the medium.
As technology continues to evolve, the debate over balancing copyright protections with the need for preservation and research will likely continue.
Rashan is a seasoned technology journalist and visionary leader serving as the Editor-in-Chief of DevX.com, a leading online publication focused on software development, programming languages, and emerging technologies. With his deep expertise in the tech industry and her passion for empowering developers, Rashan has transformed DevX.com into a vibrant hub of knowledge and innovation. Reach out to Rashan at [email protected]
