“Most of the world’s video games from close to 50 years of history are effectively, legally dead. A Video Games History Foundation study found you can’t buy nearly 90% of games from before 2010. Preservationists have been looking for ways to allow people to legally access gaming history, but the U.S. Copyright Office dealt them a heavy blow Friday. Feds declared that you or any researcher has no right to access old games under the Digital Millennium Copyright Act, or DMCA.”
I’m glad I keep backup copies of anything that might be important later on, like the 40 gig MAME Rom library.
The problem with these fundamental rulings is that they’re largely trying to fit square objects through round holes. When a simple ruling is made to essentially say “to current law, no”, the law itself ultimately becomes meaningless, because older games couldn’t be easier to pirate. Most of them are smaller than a TikTok video, and are so cheap/easy to host that you’ll never stop them from being shared. Hell, emulation has come so far that you can effectively emulate these games on a browser, on multiple devices, even devices that don’t natively support gaming.
The smart thing to do would be to say that maybe the legal framework that embodies retro gaming needs to be researched and heavily considered. It’s a hard task that’ll require many lawyers, many fights, and lots of lobbying to ensure the word of law is worth something. Sadly, it’s easier to say “lol no” and to essentially just promote piracy.
How does a 1998 law have retroactive rights over previously published works?
And thus. Again, piracy seems to be the moral choice
Pirates now the only ones preserving this culture, yeah
Bought judges belong against a wall, so that we can pick them last in dodgeball.
I think they might need to be the first against the wall when the revolution comes.
Fine. I’ll start my own library. With external storage, and ROMS.
Wait I’m already doing that.
I could lend out my old computer with old games installed to somebody else to use, right?
What if instead i lend my hard drive, is it still the same thing? Or what if I lend out my remote access screen sharing password to my old PC. Still the same?
Maybe the legal workaround is to game the system here a bit - forget downloading executables which feels a lot like pirating and just lend access to a system that is legally running the original license.
Not a lawyer but I believe in the US this would be legal as you are granting the use of the original license and not duplicating any content for simultaneous use by others.
What I would like to see is a gentlemans agreement of sorts where companies agree not to come after people for playing pirate, emulated or archival copies of games that are decades old and not for sale in any format anymore. I guess this is somewhat encompassed in the framework of “Abandonware”.
Feds are wrong, or would be if copyright continued to serve its original purpose (according to the Constitution of the United States) to create a robust public domain.
All media should be accessible through public libraries, and arguments by federal courts presumes that the public does not have vested interest in content. It presumes the government isn’t there to serve the public, which raises questions as to why we have government in the first place.
This is the kind of fucking bullshit that creates assholes like trump and rfk jr.
IMHO, RFK jr is pro environment and anti big phama. He changes his policies based on fashion more than money. He is populist, not corporatist.
Both the Republican and Democrat parties are corporatist because of lobbying. Nothing to do with Trump. If we voted Hillary and Kamala then the same court outcome would occur.
So weird because as a kid, I would rent these video games day 1 from the local library… free of charge.
What is the issue now that they are retro. Shame.
Thankful to have all mine… back… up… and running.
Correctamundo! Intellectual property law is yet another thing that needs reform. I don’t even like the term “intellectual property”. It’s a modern invention. For thousands of years everybody just repeated what they saw other people do, in a process called “the spread of civilization.” It worked great until inventions like the printing press created opportunities for business people who didn’t create anything to get rich by getting exclusive rights to other people’s ideas. But even then, copyright was always something you held not something you “owned”. The modern IP industry has done a very effective job at converting everybody to think of rights as property and infringement as theft. We need to return to the original concept that creators, who used to be freely imitated, can temporarily have exclusive rights to what they create because the public lets them. There’s nothing evil about this, it’s just a return to sanity.
Land of the Free, everybody
This is my favorite phrase to point out how fucked up it is we don’t get to decide these changes for ourselves. Started with ‘Oversimplified’ on YT pointing out that the ‘land of the free’ willingly gave up their rights to consuming alcohol in the prohibition
Oh yeah? ~reaches for feathered Tricorn~
You don’t say? ~shifts buckaneer coat across shoulders~
No, you don’t mean that? ~straps on pistol/saber belt~
Why would you say such a thing ya daft cunt ? ~quote by nearby African Grey Parrot~
Does this mean my library isn’t allowed to have games you can check out anymore? It’s been doing that (and other things that aren’t books) for at least a decade now with donated items.
This is more about the online one you can do with books and movies, they wanted to expand it to retro games and ESA fought tooth and nail to deny it.
OK, I’ll download them then.
Well, maybe we need a movement to make physical copies of these games and the consoles needed to play them available in actual public libraries, then? That doesn’t seem to be affected by this ruling and there’s lots of precedent for it in current practice, which includes lending of things like musical instruments and DVD players. There’s a business near me that does something similar, but they restrict access by age to high schoolers and older, and you have to play the games there; you can’t rent them out.
It sounds like the problem is not with the feds but with the DMCA. It needs to be overturned.
Judging by the responses in here, it sounds like gamers need to quit and find something else to do
“Sounds like the problem is federal law pushed by Congressmen paid for by corporate lobbyists, not the federal government.”
Aka. regulatory capture
The dmca is a federal law, it is the feds.
stop giving money to lobbyists
🏴☠️🏴☠️🏴☠️🏴☠️🏴☠️
That’s not enough, let’s outlaw lobbying.
