Video game historians are experiencing a huge failure

Published: October 29, 2024

Video game historians are experiencing a huge failure

Author: Movieguide® Contributor

In a huge blow to those who want to study classic video games, the US Copyright Office has ruled that libraries cannot remotely distribute older video games, significantly limiting access for researchers.

Libraries can now borrow many other forms of media virtually, allowing users to access content from their own homes, saving time and money. This method allowed historians to study many forms of media without having to travel across the country.

Video game historians had hoped to open their field to the same privilege by allowing libraries to virtually lend out the games they have in their collections. Unfortunately, a new ruling by the US Copyright Office has made this situation impossible.

“The Register finds that proponents have failed to demonstrate that … allowing off-premises access to video games is not likely to constitute an infringement,” the ruling said. he stated. “It also notes a greater risk of market harm from removing venue restrictions related to the video game exclusion, given the legacy video game market.”

After hearing arguments from video game historians and the Entertainment Software Association (ESA), the US Copyright Office sided with ESA, buying the argument that digital distribution of old games will have a significant impact on the video game market.

“We know how important it is to preserve video games and protect gaming hardware, given their importance in culture and society. With today’s decision, the U.S. Copyright Office confirms that the current level of protection for video games is adequate and recognizes that video games raise unique copyright issues that should always be taken into account.” – ESA he said in a statement after the verdict was announced. “We thank the Library of Congress and the Copyright Office for supporting existing copyright protections, which are critical to increasing players’ access to new video games and inspiring new experiences, while also protecting artists and their creative works.”

Meanwhile, digital distribution advocates shared their disappointment with the ruling, continuing to argue why changing the system would have little or no impact on the industry.

“Unfortunately, lobbying efforts by rights holder groups continue to hinder progress. During our hearing at the Copyright Office, ESA stated that it will under no circumstances support remote access to games for research purposes,” according to the Video Game History Foundation. he said. “The games industry’s absolutist stance – which ESA members have refused to officially support – forces researchers to explore extra-legal methods of gaining access to the vast majority of out-of-print video games that would otherwise be unavailable.”