The Electronic Software Association (ESA), the video game industry’s trade association, has rejected a proposal to allow researchers remote access to archived video games, fearing that it would lead to unauthorized play. The proposal, initially put forward by the Software Preservation Network, sought to create a copyright exemption that would permit academics to access archived games remotely for research purposes.
ESA lawyer Steve Englund said there was no way the proposal could be modified to satisfy its members, as even an exemption limited to those with academic accreditation could not prevent non-academics from gaining access to the games. He also expressed concerns that libraries could provide a simple checkbox for users to confirm their scholarship or research purpose, which could easily be bypassed.
The Association of American Publishers (AAP), which also opposes the exemption, echoed ESA’s concerns, arguing that restrictions based on physical premises may not be effective. AAP attorney Mike Ayers said that anyone could have a mailing address and that checking boxes without verification could not prevent unauthorized use.
Englund suggested that any restrictions wouldn’t be enough to curtail what he referred to as ‘recreational play’ through an online archive. He compared the proposed system to an ‘online arcade’ that he has warned about in previous proceedings.
The rejection of the proposal has frustrated researchers and advocates who have been working to preserve video games. Last year, the Video Game History Foundation released a damning report that revealed 87% of games released prior to 2010 are ‘endangered’ due to a lack of preservation efforts. The ESA has been criticized for its unwillingness to meet researchers halfway on preservation.
