In a battle for the preservation of video game history, a group of advocates, including the Video Game History Foundation, the Rhizome project, and the Software Preservation Network, have been fighting for a DMCA exemption that would allow researchers to remotely access out-of-print games in libraries and archives. However, their efforts have faced opposition from the Entertainment Software Association (ESA) and the AACS, leading to a recent denial of the exemption by the US Copyright Office.

Unlocking the Treasure Trove of Retro Gaming

The Importance of Preserving Video Game History

Video games have become an integral part of our cultural landscape, with a rich history that spans decades. From the early days of arcade classics to the modern era of immersive digital experiences, the evolution of the gaming industry has been a testament to the creativity and innovation of its developers. However, as technology advances, many of these historic titles have become increasingly difficult to access, with the majority of games released before 2010 remaining out of print. This poses a significant challenge for researchers, historians, and enthusiasts who seek to study and preserve this vital aspect of our cultural heritage.

The Roadblocks to Accessing Retro Games

The game industry's "absolutist position," as described by the Video Game History Foundation, has made it increasingly difficult for researchers to legally access these out-of-print titles. The Entertainment Software Association's (ESA) opposition to the DMCA exemption has forced researchers to explore "extra-legal methods" to access the vast majority of video games that are no longer commercially available. This situation has led to a concerning scenario where "piracy being something that we need to be literate in, in order to be able to access the things that we love," as stated by the VGHF's Frank Cifaldi.

The Survey of the Video Game Reissue Market

Despite the setback of the DMCA exemption denial, the VGHF's efforts have not been in vain. Their Survey of the Video Game Reissue Market in the United States report has provided valuable insights, revealing that around 87 percent of video games released in the United States before 2010 remain out of print. This data underscores the urgent need for greater access and legal allowances for video game preservation, as the vast majority of our gaming heritage is at risk of being lost to time.

The Dumpster Diving Dilemma

The challenges faced by video game preservationists are not limited to legal barriers. In a testament to the dedication of those working to safeguard our gaming legacy, Warren Spector, a renowned game developer, has shared his own experiences of "literally dumpster diving" to help with game preservation efforts. This anecdote highlights the extraordinary lengths that some individuals are willing to go to in order to ensure that these cultural artifacts are not lost forever.

The Ongoing Fight for Preservation

Despite the setbacks, the VGHF and its allies remain undeterred in their quest to secure greater access and legal protections for video game preservation. As they continue their advocacy efforts, they are working to increase awareness within the game industry itself, hoping to foster a more collaborative approach to addressing these critical issues. The fight for preserving our video game heritage is far from over, and the VGHF's determination to "continue our advocacy for greater access and legal allowances" serves as a testament to the importance of this cause.