Your Favorite Video Games Might Not Have a Future

A ruling from the US Copyright Office received the attention of gamers who believe in the preservation of their hobby. Per the Video Game History Foundation’s official website, the organization’s efforts in pushing for an exemption in the Digital Millennium Copyright Act were rejected.

“For the past three years, the Video Game History Foundation has been supporting the Software Preservation Network (SPN) on a petition to allow libraries and archives to remotely share digital access to out-of-print video games in their collections,” a statement on the website reads.

“Under the current anti-circumvention rules in Section 1201 of the DMCA, libraries and archives are unable to break copy protection on games in order to make them remotely accessible to researchers.”

video game preservation’s future is still uncertain

“We’re not done fighting here. We will continue our advocacy for greater access and legal allowances for video game preservation. And working with members of the game industry to increase internal awareness around these issues,” the statement confirms. On the other end of the conflict was a statement from Shira Perlmutter, Register of Copyrights and Director of the US Copyrights Office.

“Proponents [of video game preservation] have not met their burden of showing that reproducing works to allow for multiple simultaneous use in the computer program class is likely to be fair. The Register also finds that the proponents have not met their burden of showing that the proposed off-premises uses in the video game class are likely to be fair.”

Now what?

So… I admit to being a little confused as to the reasoning behind the Copyright Office’s decision. You don’t want to make old games — that aren’t being actively and readily sold anyway — available… why? According to a survey conducted by the VGHF, 87% of classic video games are “critically endangered.”

This isn’t an “in the distant past” issue, either. In an all-digital future, where do those old games in your Xbox/PlayStation libraries go a few console generations from now? When will, suddenly, those PS3 games you downloaded and “own” no longer be available? Because they can’t “keep up with the ever-evolving technology”?

I guess I’m a fool. I earnestly believe (or hope, rather) the VGHF’s efforts will eventually be fruitful. Then, we’ll be able to retain some semblance of the games we love now in a decade or so.