The U.S. Copyright Office declined to add an exemption to the Digital Millennium Copyright Act (DMCA) that would allow libraries and archives to provide remote access to out-of-print video games.
Image: Ivan Rudoy (Unsplash)
The subject of the dispute was Section 1201 of the DMCA, which prohibits the circumvention of technical measures protecting software from copying and the trade in technologies or services for bypassing restrictions.
For the past three years, the Video Game History Foundation (VGHF), in collaboration with the Software Preservation Network (SPN), has been working to expand this provision. This would have allowed libraries and archives to legally bypass restrictions and remotely provide access to out-of-print games for study for academic and other purposes.
Last week, the Copyright Office finally rejected the activists' proposal, in part citing the opinion of the Entertainment Software Association (ESA). Allegedly, the VGHF and other proponents of preserving old games did not provide clear criteria for granting remote access to products to specific users.
According to the ESA, there is also a significant market for classic games and their re-releases that could be jeopardized by the proposed exemption.
The VGHF called the officials' decision "disappointing," as game researchers today have to resort to illegal methods to access the vast majority of out-of-print titles.
However, the organization added that they do not regret the time spent. Working on the petition helped VGHF prepare a study, which found that 87% of classic video games are at risk of disappearing.