A three-year fight to help support game preservation has come to a sad end today. The US copyright office has denied a request for a DMCA exemption that would allow libraries to remotely share digital access to preserved video games.

“For the past three years, the Video Game History Foundation has been supporting with 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,” VGHF explains in its statement. “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.”

Essentially, this exemption would open up the possibility of a digital library where historians and researchers could ‘check out’ digital games that run through emulators. The VGHF argues that around 87% of all video games released in the US before 2010 are now out of print, and the only legal way to access those games now is through the occasionally exorbitant prices and often failing hardware that defines the retro gaming market.

  • MudMan@fedia.io
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    1 month ago

    They really want to force gamers to buy the old games, just as they were, because those are next to free to adapt to a different platform and people will pay for them.

    Not to be my usual old codger, but a lot of these game in questions were microtransaction-based to being with, in the very Farmville-y format of charging you a quarter for each set of three lives and then being ungodly broken and difficult to make sure those three lives didn’t last any longer than a minute each and entice you to pay for three more.

    This absolutely sucks, is based on unjustifiable logic and takes the side of business over a demonstrable common good, but let’s not pretend the business logic behind it was invented in 2005. Game publishers have been game publishers longer than many of the nostalgic posters have been alive.

    • Zagorath@aussie.zone
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      1 month ago

      I don’t think we’re talking about arcade games at this point though. We’re talking to a large extent about 3rd–6th generation home gaming consoles. For Nintendo, that’s the NES to GameCube. Sony entered with the PlayStation in the 5th gen, and Xbox came out in 6th.

      I think a lot of people would see this (and to a slightly lesser extent the 7th gen) as the high point where games came out in a completed state and you paid once and the just enjoyed the game.

      • MudMan@fedia.io
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        1 month ago

        Well, no, we’re talking about everything. Everything before 2010, explicitly.

        I would guess most people just fill in whatever moment of their childhood there was when they would buy a thing and enjoy a thing and not worry about it too much.

        Me being me (see the old codger self-identification up there), I substitute in the late 80s and 90s, when I would plead and beg for coins to squeeze in another 60 second gaming session and then go on to save for months in order to get a lesser version of that same experience at home for anywhere between 60 and 90 bucks (140-220 adjusted for inflation).

        In the grand scheme of my memories, the five years after arcades were relevant and before Microsoft started charging a monthly fee to play online and Facebook started a games division are too short of a blip to consider a golden age. My nostalgia is on ranting angrily about having to purchase Street Fighter 2 for the fourth time and having Capcom re-sell the PSOne version of Resident Evil a third time for the privilege of having added analogue stick controls.

        • Zagorath@aussie.zone
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          1 month ago

          But an arcade game is a physical object. The preservation needs of arcade games are very different to games distributed on cartridge or disk, which is why I suggested that a digital library would be focusing on home game consoles, especially those released at a time when home gaming was the main way gaming got experienced (i.e., after arcades were the most popular way).

          [24 years is] too short of a blip to consider a golden age

          Assuming that “too short” and reference to a “golden age” was meant in refutation to my claim of the 3rd–6th console generations, which lasted from 1983 until 2007. If that’s the claim, I find it absolutely absurd. When we discuss the golden age of TV we’re talking barely one decade, from the mid-to-late oughts to the late 10s.

          If you meant something else by that bit, I’m sorry, please disregard the above paragraph. But I don’t know quite what you do mean.