The US Copyright Office has denied a request to allow remote access to out-of-print video games, a decision that impacts video game preservation efforts. The request, supported by the Video Game History Foundation and the Software Preservation Network, aimed to let libraries and archives digitally share these games with researchers. However, the Copyright Office ruled against it, citing potential market harm and copyright concerns.
Key Points
- Denial of Exemption: The request sought an exemption under the DMCA to enable remote access to preserved games. The Copyright Office found that proponents did not sufficiently demonstrate that such uses would be noninfringing or fair.
- Opposition from ESA: The Entertainment Software Association (ESA) opposed the proposal, arguing it could harm the market for re-releases of classic games. They maintained that remote access might lead to unauthorized use beyond educational or research purposes.
- Preservation Challenges: The decision means researchers must continue accessing these games in person at specific institutions. Despite this setback, preservation advocates plan to continue lobbying for broader access rights.
- Future Opportunities: The ruling does not permanently close the door on this issue. The DMCA exemption rules are reviewed every three years, allowing advocates to refine their proposals and try again.
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— Video Game History Foundation (@GameHistoryOrg) October 25, 2024
