The ESA Doesn't Want Libraries To Preserve Old Games Online

The Electronic Software Association, the video game industry's trade association, has shot down a proposal to allow researchers remote access to archived video games. An ESA lawyer said there was no way the proposal could be modified to satisfy its members, fearing an exemption for academia would make a vast library of games available for "recreational play."

The statements were made as part of a recent United States Library of Congress Copyright Office hearing over a proposed copyright exemption that would allow remote access to archived games specifically for academics, Game Developer reports. The exemption was initially proposed by the Software Preservation Network.

ESA lawyer Steve Englund shot down the proposal, also refusing potential modifications that would make the exemption more palatable to ESA members. Instead, he said there is currently no "combination of limitations [ESA members] would support to provide remote access."

Some of the modifications suggested included limiting access to those with academic accreditation, which wasn't suitable for the ESA. Englund said it "doesn’t prevent users from lying, or libraries from providing a simple checkbox, where users could confirm they have a purpose of scholarship or research."

The AACS, which also opposes the exemption, also had a problem with the suggestion that access could be restricted to libraries with a physical location. "Anybody can have a mailing address," said AACS attorney Mike Ayers in support of the ESAs objections. "When it comes to just checking boxes as opposed to having anything verified, I would have concerns. ... It's not clear [physical premises] will actually be effective."

Englund suggested that any restrictions wouldn't be enough to curtail what he refers to as "recreational play" through an online archive. "We're likely see a situation like the 'online arcade' that I've been warning about for the last several proceedings."

Other speakers present expressed frustration with the lack of progress on game preservation, pointing out that the ESA has been unwilling to meet researchers halfway on preservation. 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.