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.

    • ipkpjersi@lemmy.ml
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      5 days ago

      The weird thing is, corporations can’t even make any money from these older games. I guess they think that means people who can’t play older games will just buy their newer garbage, and yet that’s not how it works at all lol people just end up buying indie games instead these days.

      • CoffeeJunkie@lemmy.world
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        3 days ago

        Depending on marketing & their dedication to bringing it to market…again… they can & they do. Digitally. Nintendo has sold old video games on the Wii, Wii U platform. Then, they packaged & released the NES & SNES Classic consoles, very smart move actually & it was a cute product that appealed to many consumers.

        Since then, Nintendo’s greed has grown. They no longer sell because they don’t want you to own copies of old videogames…they want to rent them to you by the month or year. Via Nintendo Online subscriptions, you can browse the whole catalog & play all kinds of old games. It requires a Switch, an internet connection, and don’t forget that sweet, sweet Nintendo Online subscription. Once you’ve gotten your fix & you cancel your subscription, you own nothing & they’ve got your money. This is their goal, everything is going according to plan. Subscription models for endless reven on old games.

        You will give them your money, you will own nothing, and you will be happy.

      • Sneezycat@sopuli.xyz
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        5 days ago

        It’s about preserving the consumption culture for the mainstream. If playing older games for free was easier and legal, more people that now only play the newest AAA garbage would start doing it, and corpos don’t want to risk that culture change, because if it gets big enough it would definitely impact their sales.

        Unfortunately not many people know or care about indie games and free games like Beyond All Reason, Shattered Pixel Dungeon, etc. as is.

      • DudeImMacGyver@sh.itjust.works
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        5 days ago

        They could and sometimes make a relatively small amount of money, but it’s more about trying to legally protect their trademarks/intellectual property as I understand it. These days I’d much rather support an indie dev over a shitty “AAA” company for sure, tired of them price gouging people for games that aren’t even that good.

        • Jakeroxs@sh.itjust.works
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          4 days ago

          Right, “if they can access the old games still, we can’t pay a understaffed 3rd party a pittance to slap a coat of paint on it and resell it at full price”

        • taladar@sh.itjust.works
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          4 days ago

          The AAA warning label is pretty much like the Enterprise warning label for other types of software.

        • chonglibloodsport@lemmy.world
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          4 days ago

          They’re really in a bind though. Indie games are great because there are thousands of indie developers out there making games and we get to play any ones we want. All the indie games that fail don’t matter because we don’t need to pick the winner ahead of time.

          AAA studios can’t operate this way because they can’t predict what will be a great game that everyone wants to play. The only leverage they have is that they can afford to hire a large team of artists to create all the graphics.

          It’s really the same situation that Hollywood film studios are stuck in and the result is basically the same. Hollywood makes their MCU graphics extravaganzas and AAA studios makes their Call of Dutys.