The gaming community is engaged in a heated debate about copyright laws and game preservation, following the US Copyright Office's recent denial of a DMCA exemption that would have allowed libraries to share emulated versions of their physical game collections online. This decision has sparked discussions about the broader implications for game preservation, consumer rights, and the future of gaming history.
The Preservation Paradox
The current copyright system presents a significant paradox in game preservation. According to the Video Game History Foundation (VGHF), 87% of older game titles are currently out of print, yet copyright laws prevent libraries from making these games accessible to researchers through remote access. This situation has created what many in the community see as an artificial scarcity of historical gaming content.
The Commercial Argument
Industry representatives, particularly the Entertainment Software Association, argue that remote access could harm the market for classic gaming re-releases. However, community members point out several counterarguments:
- Many classic games have no current commercial availability
- The target audience for historical research differs from the commercial gaming market
- Publishers who do re-release classic games have stated that scholarly access wouldn't harm their business
The Emulation Controversy
One particularly contentious point in the Copyright Office's decision involves their stance on emulation. The Register cited emulation's historical association with piracy as a concern, despite acknowledging that emulation itself is not infringing. This position has drawn criticism from preservation advocates, including VGHF founder Frank Cifaldi, who argues that the demonization of emulation has actually pushed more people toward unofficial channels.
Impact on Research and Education
The current restrictions create significant barriers for researchers:
- Scholars must travel to physical locations to access game collections
- Research costs increase due to travel requirements
- Access to historical gaming materials is less equitable compared to other media forms
- Many researchers are forced to seek alternative, potentially extra-legal methods to access materials
The Way Forward
The community has suggested several potential solutions:
- Copyright Reform : Many argue for shorter copyright terms for video games
- Commercial Solutions : Suggestions for official emulation platforms with legal game stores
- Preservation Exceptions : Creating specific exemptions for academic and preservation purposes
Looking Ahead
The next opportunity to revisit this decision will come in 2027 as part of the Copyright Office's triennial rulemaking process. Until then, the preservation community continues to advocate for changes that would better serve both historical preservation and academic research while respecting legitimate commercial interests.
The situation highlights a growing disconnect between current copyright law and the practical needs of preserving gaming history, suggesting that a more nuanced approach to digital preservation may be necessary for the future of gaming heritage.