Lo, the Digital Millennium Copyright Act (DMCA) hath decreed that there shall be no exemption for video games in matters of preservation, as proclaimed by the U.S. Copyright Office in recent days. Thus, it appears that a great journey still lies ahead in imparting unto the masses the joy of experiencing classic titles that may dwell beyond the reach of current play.
Verily, the Software Preservation Network, in concert with the Video Game History Foundation, hath entreated for an expansion of DMCA exemptions for software such as video games. Their noble petition sought to forge a path whereby games could be accessed through remote means for the sake of research and academic pursuits, despite being shrouded under the protective cloak of the DMCA.
The U.S. Copyright Office and even the esteemed Library of Congress have voiced aforetime the significance of preserving games. Yet, the Office hath expressed apprehension regarding proposed guidelines governing the access to retro and emulated games for academic and research ends, fearing potential harm to the market. Alas, the specter of copyright strikes and takedowns still looms large over the realm of retro game enthusiasts and preservationists.
In a somber pronouncement, it was declared that while efforts were made to safeguard against recreational uses of video games, the prescribed measures were deemed insufficient to prevent potential market harms. The ruling gestured towards inconsistencies in testimonies and documents, as well as the recent influx of remasters, remakes, and new releases that cater to modern audiences, tilting the scales in favor of the status quo.
A statement penned by the sagacious Phil Salvador, library director of the Video Game History Foundation, bemoaned the decision, lamenting the obstructive influence of lobbying groups like the Entertainment Software Association (ESA). It seems that the game industry’s rigid stance on remote game access for research has cast a pall over the endeavors of dedicated organizations, compelling researchers to seek unconventional paths in their quest for elusive out-of-print titles.
A report unveiled by the foundation in bygone days revealed a staggering truth: a vast majority of classic games, residing in abandoned or neglected realms, remain beyond the grasp of typical means. Indeed, the shutdowns of the Wii U, 3DS eShops, and the Xbox 360 store in the year of our Lord 2023 have rendered a multitude of games “critically endangered,” heightening the urgency for preservation in this digital age.
