US Copyright Office Shuts Door on Remote Access to Retro Games
Published On: October 27, 2024
The US Copyright Office recently rejected a proposal to allow remote access to vintage video games stored in library archives. The Video Game History Foundation (VGHF) and the Software Preservation Network (SPN) had sought an exemption to Section 1201 of the Digital Millennium Copyright Act (DMCA), which prevents digital copies of games from being accessed remotely, even by researchers. This decision means that to study and preserve older games, researchers must travel to libraries in person.
The rejected exemption aimed to provide historians and researchers with a way to emulate games from the past in a digital library format, potentially improving the study of gaming history and the preservation of nearly lost titles. VGHF and SPN argued that approximately 87% of video games released in the US before 2010 are now out of print, making them challenging to study legally without expensive or aging original hardware. Despite this, the Entertainment Software Association (ESA) and other industry groups opposed the exemption, fearing it could lead to piracy and negatively impact the market for legacy games.
The VGHF expressed disappointment with the decision, highlighting that the opposition disregarded controls designed to ensure remote access would be limited to legitimate research purposes. "The game industry’s absolutist stance forces researchers to explore extra-legal means to access out-of-print games," said Frank Cifaldi, the VGHF’s founder. He added that existing technology, like emulation, could allow researchers controlled access, similar to how libraries lend e-books and films to patrons.
This decision underscores the challenges that game preservationists face as they work to maintain gaming history. Classic titles are often held in aging media, susceptible to degradation and eventual loss. While libraries and archives can legally maintain these games on-site, without remote access, they remain inaccessible to many scholars and enthusiasts. For now, preservationists may need to rely on “extra-legal” emulation sites and other nontraditional methods to continue their work—methods the game industry and copyright holders largely condemn.