The study concludes that 87% of classic games are no longer available to the public and are considered endangered. One of the examples that the study highlights is Yakuza (2005) for PlayStation 2. The VGHF considers that, despite the existence of Yakuza Kiwami, the game is no longer available due to the fact that the remake it is a version developed from scratch. Instead, Jinxter does count as available, a conversational adventure accessible from different platforms (such as iOS, Android and PC) thanks to an improved version, but functionally identical to the text-based game released in 1987.
“To access nearly 9 out of 10 classic games, there are few options: find and keep old games and hardware, travel across the country to visit a library, or…hack,” says Kelsey Lewin, co-director of the Video Game History Foundation. . “Neither of these options is desirable, which means that most video games are out of reach for all but the most dedicated fans. This is pretty serious.” Lewin says classic video games should be treated the same as classic books, albums and movies, but she laments that “outdated” copyright laws prevent this.
In the United States, the DMCA largely prevents people from distributing or making available any digital material protected by DRM. There are exceptions to this law for libraries and researchers to store digital material, but video games are explicitly excluded. One of the organizations that pushed the most to achieve this exception was the ESA, that is, the employers’ association of the video game industry in the United States. According to the VGHFNintendo is one of the companies most interested in preventing even libraries from being able to provide legal access to classic games.
“Imagine if the only way to see Titanic was to find a used VHS tape and keep your own retro gear. […]”Lewin adds. What if no library, including the Library of Congress [de Estados Unidos]Could you do better? They would have the option of keeping and digitizing the Titanic VHS, but you would have to go there to see it. It seems crazy, but that is the reality we live with video games, a 180,000 million dollar industry, while its games and its history disappear. According to the study, only 13% of video games released in the United States are available in libraries right now.
The VGHF also highlights how easily games can disappear. When Nintendo shut down the Wii U and 3DS eShop, access to many titles was lost, as could happen if Antstream Arcade, a platform that offers access to more than 1,300 classic games in exchange for a subscription, shuts down.
The study will be used in a copyright hearing to be held in 2024 with the aim of making video games an exception in the DMCA.
