With new generations of video game consoles constantly appearing, concerns about the preservation of old games have grown, as many titles have become inaccessible after the end of a console’s life cycle. Even though Sony, Nintendo and Microsoft are working on services that aim to preserve this catalogue, we know that it is not ideal.
Last week, Electronic Software Association (ESA) attorney Steve Englund was asked about a theoretical scenario in which public libraries would be allowed to preserve online games after official developer support has concluded, but unfortunately, this will not be possible. .
In response, Englund said that currently, “[nenhuma] combination of imposed rules [aos membros da ESA] would make them support remote access.”
ESA members include virtually every major game publisher, including Nintendo, Microsoft, Sony, EA and Take-Two.
Currently, video game developers and publishers have no legal obligation to maintain access to online services beyond official support.
Currently, it is also not legally allowed for fans to resurrect online games that have been abandoned, although this has not stopped several fan efforts for older titles.
This has resulted in dozens of games becoming completely unplayable, a number that is only growing due to the prevalence of titles that require an online connection and, in some cases, servers.
Englund suggested that Ivy League schools (a collection of eight universities in the US) could help with preservation efforts or perhaps develop a kind of research-focused home for these degrees.
However, he then said that a physical location that houses these games and allows easy access is also not a solution in his opinion. He called this type of access to titles “insufficient progress.”
Mike Ayes, attorney for the Advanced Access Content System (the piracy protection standard of the post-DVD era), sided with Englund, seeking “more substance” in any rule adjustments.
Ayes said he would have concerns about verification when it comes to establishing physical locations that would preserve online titles, saying it was “not clear whether the idea would be effective.”
In response to this, Video Game History Foundation director Phil Salvador said that public libraries are not best suited for preservation efforts due to a lack of manpower and the scale of the problem.
Last year, the Video Game History Foundation, in partnership with the Software Preservation Network, stated that 87% of classic video games released in the United States were “critically endangered.”
Technology lawyer Kendra Albert condemned the ESA’s stance, especially regarding concerns that the games could be accessed for non-academic purposes, against the wishes of rights holders.
Albert said that “it doesn’t seem fair to disregard the preservation efforts of academic institutions when it comes to preservation simply because players could access games for non-research purposes.”
What would be the ideal solution for preserving old games?
