Key Takeaways
- The U.S. Copyright Office won’t grant DMCA exemption for video game preservation.
- The Video Game History Foundation vows to continue advocating for video game preservation efforts.
- Researchers face challenges in accessing and studying classic games due to difficulty finding older hardware and software, as well as copyright restrictions.
Classic video games from our past tend to hold a special place in our hearts. Whether it was fond memories of playing with friends growing up, or the endless attempts at trying to beat that final boss. Game preservation is an important part of keeping some of these older games accessible for those who wish to revisit and study them.
The Video Game History Foundation supported a petition filed by the Software Preservation Network to have DMCA exemptions extended to software like video games. The DMCA exemption would allow for the preservation of software like video games, for research and academic purposes.
Now, the U.S. Copyright Office has said in a recent announcement that the Digital Millennium Copyright Act (DMCA) will not grant any exemptions for video games for the sake of preservation, which could be a massive blow for those who consider video games to be important cultural media.
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The fight isn’t over
The Video Game History Foundation says it will continue advocating
Although the U.S. Copyright Office refused to issue the DMCA exemption for video game preservation purposes, the Video Game History Foundation says the fight is not over.
“We’re not done fighting here. We will continue our advocacy for greater access and legal allowances for video game preservation and working with members of the game industry to increase internal awareness around these issues,” the Video Game History Foundation said in a statement.
The Video Game History Foundation’s goal is to help preserve classic video games that are no longer produced, and only accessible through physical copies on the corresponding game’s console. The petition it supported would’ve allowed researchers to access those games remotely rather than having to track down a copy of the game and its console.
The Entertainment Software Association (ESA) was against the petition, and declared during the hearing with the Copyright Office that it would not support remote game access for research purposes under any conditions. The Video Game History Foundation says this “forces researchers to explore extra-legal methods to access the vast majority of out-of-print video games that are otherwise unavailable.”
IGN reported in May that it tried reaching out to the ESA members for comments on the issue but was ignored.
Although the announcement by the U.S. Copyright Office is a setback, the Video Game History Foundation says it encourages members of the game industry to continue advocating their leadership to support its initiatives.
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