Video Game History Foundation Disappointed by DMCA Ruling

The US Copyright Office has recently denied an exemption to the Digital Millennium Copyright Act (DMCA) that would have allowed libraries and archives to provide remote digital access to out-of-market video games for researchers. This decision is seen as a setback for game preservation advocates like the Software Preservation Network. Their aim was to increase access for academics who do not have physical copies of certain games nearby, which presents significant hurdles in their research. The opposition from groups like the Entertainment Software Association (ESA) was based on concerns that such access could harm the profitability of retro games. The Copyright Office ruled in favor of the ESA, indicating that current limitations remain to prevent unauthorized distribution while leaving open the possibility for future amendments in three years.

The denial of the exemption limits researchers' access to out-of-market video games, making it more challenging to study and preserve video game history. Advocacy groups continue to push for better access and legal protections, highlighting that a significant portion of classic games are currently unavailable for research and preservation.

The Video Game History Foundation and similar organizations underscore the urgency in addressing these issues, as only 13% of classic video games published in the US are readily accessible, with the remaining 87% being out of reach. This issue raises significant concerns for both preservation and academic research in the field of video game history.