US Copyright Office Denies Petition for Remote Access to Out-Of-Print Games

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US Copyright Office Denies Petition for Remote Access to Out-Of-Print Games

Key Takeaways

  • The US Copyright Office has denied remote access to out-of-print video games, hindering research and preservation efforts.
  • A majority of classic video games are inaccessible, putting gaming history at risk.
  • Advocacy efforts continue for exemption, aiming to create equitable access to video game history.

As a seasoned gamer with decades of gaming under my belt, I find myself utterly disheartened by the recent decision made by the US Copyright Office to deny remote access to out-of-print video games. This ruling is not just a blow to research and preservation efforts, but a kick in the teeth to gaming enthusiasts like me who have spent countless hours immersed in these digital worlds.

On October 25, 2024, the US Copyright Office made a decision not to grant a request submitted by the Software Preservation Network. This request aimed to enable non-commercial users to access old video games that are no longer in print from a distance. The decision is linked to the triennial review of exemptions proposed by the US Copyright Office under the Digital Millennium Copyright Act, which outlines boundaries for bypassing technology intended to prevent unauthorized access to copyrighted materials online.

The Software Preservation Network is an association that relies on membership fees and takes part in educational and legal initiatives to establish and sustain access to software within cultural, academic, governmental, and public sectors. For the past three years, they’ve been advocating for an exemption, a cause that was backed by the Video Game History Foundation, a non-profit dedicated to preserving and disseminating the history of video games. Even though retro gaming remains fashionable, finding legitimate ways to access numerous game titles from earlier console generations and arcades is quite restricted. Both entities argue this limitation negatively impacts comprehensive study of gaming.

As a passionate gamer, I’m often left frustrated by the Digital Millennium Copyright Act, which prevents me and other enthusiasts from gaining access to offline, commercially unavailable games, such as the iconic 1984 game, Duck Hunt. Even though Nintendo reissued Duck Hunt in 2014 for the Wii U, they discontinued support for it, leaving me with limited options: I either need to own the outdated reissue myself, hunt down vintage equipment like a console, cartridge, and light gun, or visit an institution that already has one. As a significant piece of video game history, Duck Hunt and similar games should be more accessible to scholars and archivists for research and preservation purposes.

The Inaccessibility of Gaming History

According to a study by the Video Game History Foundation, almost 9 out of 10 classic video games can only be played through their original versions or illegally. The foundation believes that this limited availability endangers the preservation and scholarly study of video gaming, an essential aspect of cultural identity over the last century. As antique game consoles grow scarce and older technology deteriorates, accessing games from various periods in video game history has never been more difficult.

The Video Game History Foundation and the Software Preservation Network plan to keep pushing for an exception, but it could take another three years or so before this previous decision is overturned. With today’s gaming industry overflowing with new content, and developers often restricting access to older games, it appears increasingly crucial to establish a robust, fair system for preserving the artistic and cultural heritage found within video game history.

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2024-10-28 21:23