The Electronic Software Association, the video game industry’s trade association, has apparently refused the idea to allow researchers access to preserved video games. ESA’s lawyer Steve Englund has recently posed a hypothetical question, asking him if public libraries would be allowed to access archived games. He shot down the idea promptly.
The question was posed recently in the United States Library of Congress Copyright Office, as reported by Game Developer. The idea was proposed by Software Preservation Network. Englund turned down the idea and added that there can be no modifications to the proposal that would make ESA change their stance on the matter. He said there are no “combination of limitations [ESA members] would support to provide remote access.”
While the modifications to the proposal did not change ESA’s decision, the proposed modifications included limiting access only to those who have academic accreditation. Englund countered this by saying that it “doesn’t prevent users from lying, or libraries from providing a simple checkbox, where users could confirm they have a purpose of scholarship or research.”
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The Advanced Access Content System (AACS) also opposed this exemption, adding that they did not like the proposal to restrict access to libraries with a physical location. AACS attorney Mike Ayers backed up their opinion by saying, “Anybody can have a mailing address” and added that it is unclear how a physical address would be “effective.”
Englund claims that no form of restrictions would be enough to stop “recreational play” and said, “We’re likely see a situation like the ‘online arcade’ that I’ve been warning about for the last several proceedings.”
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While the ESA’s focus is more towards restricting who can access the archive, other speakers during the meeting were frustrated with the ESA’s lack of efforts for game preservation. They argued that ESA has been unwilling to meet researchers halfway to reach an agreement over game preservation.
The need for game preservation is a must as the Video Game History Foundation’s 2023 report revealed that 87% of games released before 2010 are currently “endangered”.
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