In a strange footnote, the Register also notes that emulation of classic game consoles, while not infringing in its own right, has been “historically associated with piracy,” so “rais[ing] a potential concern” for any emulated remote access to the library's game catalogs. That footnote paradoxically cites Video Game History Foundation (VGHF) founder and director Frank Cifaldi's talk at the Game Developers Conference 2016 on the demonization of emulation and its importance for the preservation of video games.
“The moment I became the Joker was when someone in charge of copyright law saw my GDC talk about how incorrect it is to associate emulation with piracy and their conclusion was 'emulation is associated with piracy.' “Cifaldi joked in a social media post.
The fight continues
In a statement issued in response to the decision, the VGHF denounced “lobbying efforts by rights holder groups” that “continue to slow the progress” of researchers. The status quo limiting remote access “forces researchers to explore extralegal methods to access the vast majority of out-of-print video games that would otherwise be unavailable,” the VGHF writes.
“Frankly, my colleagues in literary studies or film history have fairly routine and regular access to digitized versions of the things they study,” New York University professor Laine Nooney argued before the Copyright Office. earlier this year. “These [travel] impediments [to access physical games] “are real and meaningful and impede research in ways that are inequitable compared to our colleagues in other disciplines.”
Software archives like the one from the University of Michigan can be a great resource…if you're on-site, that is.
Software archives like the one from the University of Michigan can be a great resource…if you're on-Site, that is. Credit: University of Michigan
Speaking to Ars Technica, VGHF library director Phil Salvador said the group was “disappointed” by the Copyright Office's decision, but “proud of the work we've done and the impact it's had.” This process. The research we have produced during this process has already helped justify everything from game re-releases to grants to research the history of video games. “Our fight this cycle has raised the level of discourse around game preservation, and we're going to keep that conversation going within the gaming industry.”