US Copyright Office Blocks Video Game Preservation – Gaming History At Risk

US Copyright Office denies DMCA exemption for video game preservation, risking the loss of gaming history as 87% of pre-2010 games remain inaccessible to researchers and historians.

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Key Takeaways

  • Copyright Office decision threatens preservation of 87% of pre-2010 video games
  • Entertainment Software Association actively blocks preservation efforts despite limited commercial availability
  • Video Game History Foundation continues fight for cultural heritage protection

Why it matters: The US Copyright Office has denied a crucial DMCA exemption that would have allowed libraries to preserve and share access to out-of-print video games. This isn’t just about playing old games – it’s about protecting our cultural heritage, with 87% of pre-2010 games at risk of being lost forever.

The Decision: The Video Game History Foundation‘s petition for a DMCA exemption was rejected, preventing libraries from legally preserving out-of-print games. This decision particularly impacts researchers and historians studying gaming’s cultural impact.

  • Libraries cannot break copy protection (Techspot)
  • Researchers forced to seek alternative access methods

Industry Opposition: The Entertainment Software Association strongly opposed the exemption, claiming it could create a free “online arcade” that would harm the classic games market. However, this stance ignores the reality that most historic games remain commercially unavailable.

  • ESA refuses to support preservation
  • Claims conflict with market availability

Cultural Impact: Without legal preservation methods, countless games face permanent loss. Gamedeveloper reports that the Video Game History Foundation continues advocating for preservation rights and raising awareness within the industry about the importance of protecting gaming history.

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