US Copyright Office strikes down proposed game preservation DMCA exception

A three-year fight to help support game preservation has come to a sad end today. The US copyright office has denied a request for a DMCA exemption that would allow libraries to remotely share digital access to preserved video games.

Dustin Bailey at GamesRadar

This was always going to end in favour of the massive gaming industry with effectively bottomless bank accounts and more lawyers than god. The gist is that Section 1201 of the DMCA prevents libraries from circumventing the copy protection to make games available remotely. Much like books, libraries loan out books not just for research purposes, but also for entertainment purposes, and that's where the issue lies, according to the Copyright Office, who wrote there would be a significant risk that preserved video games would be used for recreational purposes".

The games industry doesn't care about old titles nobody wants to buy anymore and no consumer is interested in. There's a long tail of games that have no monetary value whatsoever, and there's a relatively small number of very popular older games that the industry wants to keep repackaging and reselling forever - I mean, we can't have a new Nintendo console without the opportunity to buy Mario Bros. for the 67th time. That'd be ludicrous.

In order to protect the continued free profits from those few popular retro titles, the endless list of other games only a few nerds are interested in are sacrificed.