The recent ruling from the United States Copyright Office has cast a shadow over the aspirations of researchers and preservationists alike. The proposal aimed at granting access to out-of-print video games has been firmly denied, with the office maintaining its stance on existing limitations. Currently, only one user is permitted to access computer programs, and this access is restricted to the physical premises of institutions that hold these programs.
Challenges in Preservation Efforts
Since 2021, the Video Game History Foundation (VGHF) has been collaborating with the Software Preservation Network to advocate for a more inclusive approach, one that would allow libraries and archives to share out-of-print titles through the internet. However, under the current legal framework, these institutions are prohibited from breaking copy protection to make these titles available for research purposes.
In a statement reflecting their disappointment, VGHF expressed, “While we are disappointed by the Copyright Office’s decision, we have no regrets about going through this process.” The organization highlighted the valuable insights gained during the petitioning process, notably through their report, the Survey of the Video Game Reissue Market in the United States. This research revealed a staggering statistic: approximately 87 percent of video games released in the U.S. prior to 2010 remain out of print.
VGHF also noted that their collective efforts with the Software Preservation Network have significantly raised public awareness regarding these pressing issues, making a noticeable impact within both the gaming industry and preservation communities.
However, the road ahead remains challenging. VGHF pointed out that one of the contributing factors to the proposal’s failure was the lobbying efforts of major publishers. The Entertainment Software Association, a prominent trade body in the U.S. video game sector, has previously voiced its opposition to any changes in the Digital Millennium Copyright Act (DMCA) that would facilitate access to games for research purposes.
