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The original was posted on /r/games by /u/RollingNightSky on 2024-11-15 22:11:06+00:00.

The USCO (US Copyright Office) has denied libraries’ ability to lend video games over the Internet as it is seen as a copyright violation that threatens the livelihood of video game businesses.

The Electronic Software Association, representing the US video game industry, argued against the libraries, saying that out-of-distribution games are sufficiently being preserved by current and future re-releases:

The Entertainment Software Association (ESA), a trade association representing the U.S. video game industry, opposed the SPN petition, stating that the exemption would leave rights owners insufficiently protected and that the market for classic video games would be damaged. The SPN’s proposed method of fair use vetting was dismissed by the ESA as “illusory”, arguing that this was not enough justification for the breadth of use they would enable. It would be too difficult for libraries to supervise multiple users remotely accessing games, thus enabling usage for entertainment purposes.

Furthermore, the ESA contended that the market for classic video games is “vibrant and growing”, citing the number of titles currently available on digital storefronts such as the Xbox Game Pass, not to mention frequent re-releases of individual titles on modern systems. That a game is “out of print” does not mean it is lost forever, only that the copyright owner decided not to put it on the market. Allowing widespread remote access to classic games would present a serious risk to the market and prevent copyright owners from enforcing their copyrights.

Game preservationists argue that the difficulty of running or obtaining/buying older video games justifies the digital lending of such games:

Games are often limited to their corresponding hardware, potentially leading to research costs going up as researchers may be forced to travel long distances or somehow purchase a retro console for themselves; not to mention potential consideration of extra-legal methods. Researchers are pushed into focusing on works that are easy to access rather than those they have a true interest in studying. Teaching is also affected: academics cannot assign their students games with historical or technological significance if they may not be able to access them (for example, the original Metroid Prime (2002), noted for its female protagonist and being the first game in the series to use 3D graphics, is only available on the GameCube). This curtails the growth of video game studies, introducing obstacles to a field with deepening cultural impact and technological advancement.