Three years ago, the Software Preservation Network and the Video Game History Foundation submitted a petition to the US Copyright Office, requesting that libraries be allowed to share out-of-print video games with researchers remotely. Unfortunately, this request has now been denied, marking the end of this particular battle to preserve out-of-print games. The Copyright Office sided with the Entertainment Software Association and other video game lobbyists, who argued that allowing libraries to share digital access to these titles would pose a significant risk of recreational use, thereby constituting copyright infringement.
The Video Game History Foundation issued a statement condemning this decision, highlighting that it underscores the fact that approximately 87 percent of video games released in the United States before 2010 remain out of print. Frank Cifaldi, founder and director of the Video Game History Foundation, expressed his disappointment, 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, and I can't see what else we could have done. This decision fails to meet the needs of citizens in favor of a weak argument from the industry, and it's truly disheartening."
The Copyright Office's decision also noted that granting libraries the requested exemption could potentially harm video game companies' efforts to repackage and sell their older titles to modern consumers. As the Video Game History Foundation pointed out, even companies like Nintendo have allowed many older titles to fall out of print or remain unavailable as downloadable titles. It remains uncertain whether video game preservationists can take further steps to challenge this decision. Meanwhile, the ESA has already announced its opposition to any compromise regarding the remote sharing of out-of-print games among researchers.
Source link: https://www.gamespot.com
