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.

  • Monkey With A Shell
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    17 hours ago

    As a fellow ancient of the game world, I would say 20ish years is not far off give or take. The Atari 2600 was around in the 70s and the original NES came out in 1985(?). The NES was really the beginning of the end for the arcade scene. True that a lot of the arcade ports where terrible, but the power just wasn’t there to do it in a small box yet. $1 rentals from the local video shop would let you play a game all night or longer depending on who it was from.

    While the online game services from Xbox and co could be seen as returning to a pay-to-play situation, they where never a must have. You could still play with friends locally without a subscription and the mass push for DLC buys wasn’t there yet.

    I would really put the return to money snatching along side the rise of mobile games. Buying addons and in game coins to get an advantage really picked up with the ease of always on connections and purchases with a simple swipe of the finger. Once that ‘just one more boost will do it’ addictive mechanic was made the norm it was all over for the concept of a game that you just bought as a complete thing. Now it’s a novel thing to see a game offered that you just buy and play as it is.

    • MudMan
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      16 hours ago

      See, this is the part where I’m not going to dismiss your experience, because a lot of this was super regional, but I’m going to say my experience was not that at all.

      I definitely spent most of the money I put in arcades AFTER I had a 16 bit console. The “arcade>marketing>console port” hype cycle went on for a decade after the NES first became a thing.

      And Live Gold is just a sign of something that was going on everywhere. The first free to play hits were happening, WoW was taking over the world and making GaaS mainstream… and yeah, online gaming was becoming a thing on consoles and getting monetized in brand new ways.

      But also, I’d say expansions were a thing way before DLC became a dirty word. Because Groundhog Day I distinctly remember having conversations with angry nerds in the mid 2000s explaining that there wasn’t much of a difference between DLC and a lot of the expansion packs and shovelware content expansions being pushed around all through the late 90s.

      And of course there are tons of games you can buy as a complete thing. As I said above, I’ve been playing Silent Hill 2, Metaphor and a bunch of other stuff that is very classic in its structure. Another constant of gaming nerdrage is that people don’t care if what they like continues to exist, they are mostly clamoring for the things they dislike not existing, which I’ve never been on board with.