Hello, fellow tech enthusiasts! It’s your buddy Nuked here, ready to dive into the latest in video game preservation news. Buckle up, because this ride is a bit bumpy!

Video game preservationists recently faced a setback in their quest to study games that are no longer available for purchase. Instead of accessing these treasures remotely, scholars will still have to travel hours to get their hands on them. The US Copyright Office has denied a request from preservation advocates to allow libraries, archives, and museums to lend digital copies of these games temporarily.

Kendra Albert, representing the Software Preservation Network and the Library Copyright Alliance, expressed her disappointment. She clarified that preservationists weren’t asking for much — just the same privileges that apply to other special collections in libraries. They sought a process where libraries could evaluate requests, ensuring they weren’t harmful before granting access.

Interestingly, while institutions can lend out other media and software remotely (as long as they don’t exceed their holdings), video games are still treated like the odd kids at the party. Albert voiced her frustration, noting that methods available for other materials just don’t cut it for video games.

The Entertainment Software Association (ESA), which represents game publishers, argued against remote access. They claimed it would lead to people playing games for free and harm the market for classic titles. They also suggested that preservationists lacked sufficient restrictions to limit access to educational purposes.

Despite extensive arguments about how most classic games never see a re-release and how many are altered or remastered, the Library of Congress remained unconvinced. They concluded that allowing off-premises access could likely infringe on copyrights and harm the market for legacy games.

Albert shared her disappointment on Bluesky, indicating that the Copyright Office seemed to ignore evidence from some publishers who believed limited remote access wouldn’t hurt their re-release market.

If the request had been granted, it wouldn’t have been a permanent fix. Every three years, groups can lobby the Library of Congress for specific exemptions under section 1201 of the Digital Millennium Copyright Act. While they did renew an exemption allowing institutions to preserve video games for in-person play, remote access remains off-limits.

The proposed exemption aimed to allow libraries to preserve video games legally if they had been lawfully acquired, were no longer commercially available, and were used solely for educational purposes. However, strict limitations were attached regarding off-premises access.

The ESA issued a statement celebrating its victory. They acknowledged the importance of preserving video games while asserting that unique copyright concerns must always be considered.

In contrast, the Video Game History Foundation criticized the ESA’s stance. They pointed out that lobbying by rightsholder groups continues to hinder progress in accessing out-of-print titles.

And there you have it! The battle over video game preservation rages on. Let’s hope for better outcomes in future discussions!