In a move that has left the gaming community reeling, the US Copyright Office has denied a petition from the Software Preservation Network and the Video Game History Foundation to allow libraries to share out-of-print video games with researchers remotely. This decision has dealt a significant blow to the efforts to preserve the rich history and cultural legacy of the video game industry.

Unlocking the Treasure Trove of Gaming's Past

The petition, filed three years ago, sought to address a critical issue facing the preservation of video game history. With an estimated 87% of video games released in the United States before 2010 remaining out of print, the need to provide researchers and enthusiasts with access to these digital relics has never been more pressing.

The Argument for Preservation

The Video Game History Foundation, a leading advocate for video game preservation, argued that granting libraries the ability to share these out-of-print titles with researchers would have been a crucial step in ensuring the survival of gaming's past. As Frank Cifaldi, the foundation's founder and director, eloquently stated, "I'm proud of the work we and the orgs we partnered with did to try and change copyright law. We really gave it our all, I can't see what else we could have done."

The Industry's Counterargument

However, the Copyright Office sided with the Entertainment Software Association (ESA) and other video game industry lobbyists, who argued that allowing such remote access would pose a "significant risk" of the games being used for recreational purposes, rather than strictly for research. This stance, which prioritizes the industry's commercial interests over the preservation of cultural heritage, has been met with widespread criticism from the gaming community.

The Implications of the Decision

The Copyright Office's decision not only denies researchers and enthusiasts the ability to access these out-of-print titles, but it also potentially harms video game companies' efforts to repackage and sell their older legacy titles to modern consumers. As the VGHF pointed out, even industry giants like Nintendo have let many older titles fall out of print or remain unavailable to consumers as downloadable titles.

The Uncertain Future of Video Game Preservation

It remains unclear if video game preservationists can take any steps to challenge this decision, as the ESA has already announced its opposition to any compromise regarding the remote sharing of out-of-print games among researchers. This leaves the future of video game preservation in a precarious state, with the rich history and cultural significance of the medium at risk of being lost to time.

A Call to Action

The denial of the petition to allow libraries to share out-of-print video games with researchers remotely is a setback for the preservation of gaming's past, but it also serves as a rallying cry for the gaming community to come together and find new ways to safeguard this important cultural heritage. As the industry continues to evolve, the need to preserve its history has never been more crucial, and the battle to keep out-of-print games alive must continue.