Video game libraries lose legal appeal to emulate physical game collections online

In an odd footnote, the Register also notes that emulation of classic game consoles, while not infringing in its own right, has been “historically associated with piracy,” thus “rais[ing] a potential concern” for any emulated remote access to library game catalogs. That footnote paradoxically cites Video Game History Foundation (VGHF) founder and director Frank Cifaldi’s 2016 Game Developers Conference talk on the demonization of emulation and its importance to video game preservation.

“The moment I became the Joker is when someone in charge of copyright law watched my GDC talk about how it’s wrong to associate emulation with piracy and their takeaway was ’emulation is associated with piracy,'” Cifaldi quipped in a social media post.

The fight continues

In a statement issued in response to the decision, the VGHF called out “lobbying efforts by rightsholder groups” that “continue to hold back progress” for researchers. The status quo limiting remote access “forces researchers to explore extra-legal methods to access the vast majority of out-of-print video games that are otherwise unavailable,” the VGHF writes.

“Frankly my colleagues in literary studies or film history have pretty routine and regular access to digitized versions of the things they study,” NYU professor Laine Nooney argued to the Copyright Office earlier this year. “These [travel] impediments [to access physical games] are real and significant and they do impede research in ways that are not equitable compared to our colleagues in other disciplines.”

Speaking to Ars Technica, VGHF Library Director Phil Salvador said that the group was “disappointed” in the Copyright Office decision but “proud of the work we’ve done and the impact this process has had. The research we produced during this process has already helped justify everything from game re-releases to grants for researching video game history. Our fight this cycle has raised the level of discourse around game preservation, and we’re going to keep that conversation moving within the game industry.”