3DS, Wii U eShop Shutdown Leaves Archivists In the Wind, Hobbyists Pick Up the Pieces

On March 27th, Nintendo's eShop for its 3DS and Wii U consoles will be shut down. With many of the titles being original to those consoles and not available anywhere else, it's left archivists and historians scrambling to preserve them before it's too late. However, those preservation plans get complicated given Nintendo's litigious nature on matters of intellectual property. Techdirt's Timothy Geigner writes: Preventing the gaming public from continuing to buy games that rely on a company-operated backend infrastructure is one thing. After all, Nintendo can do what it wants when it comes to putting its products into commerce. But what really annoyed a ton of people, myself included, was how this would impact archivists and historians, or anyone else interested in preserving video game history and culture. With the impending shutdown, some of those entities are once again expressing concern: "While it's unfortunate that people won't be able to purchase digital 3DS or Wii U games anymore, we understand the business reality that went into this decision,' the Video Game History Foundation (VGHF) tweeted when the eShop shutdowns were announced a year ago. 'What we don't understand is what path Nintendo expects its fans to take, should they wish to play these games in the future.'" Because Nintendo is litigious, utilizes DRM, and the DMCA exists, all of that combines to make it wildly unsafe for museums and archivists to actually retain copies of these games that will shortly no longer be found anywhere else. And, no, the exemptions built into the DMCA for content such as movies and literature simply don't exist for the video game space. [...] So what can be done? Not a whole lot, honestly, but some hobbyists are at least going to make a go of it: "In an effort to address this -- or at least address it in a single place on as few consoles as possible -- YouTuber The Completionist decided to sit down and spend almost a year of his life (328 days in total) buying his way through both libraries. He's now done, and the statistics are staggering. The dude bought 866 Wii U games and 1547 3DS titles, numbers that include DSiWare, Virtual Console releases and downloadable content. That adds up to 1.2TB of data for the Wii U, and 267GB for the 3DS. Or, for the 3DS purists reading, 2,136,689 blocks." As part of this effort, The Completionist has said he plans to donate all of this digital media to the VGHF. What they can do with all of that content still remains to be seen. All of the same copyright and DMCA rules still apply, so what access it can grant to researchers, never mind the public, is in question.

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