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US Copyright Office Denies Video Game Preservation Exemption

The decision prevents libraries and archives from providing remote access to out-of-print games, impacting preservation efforts.

  • The Video Game History Foundation and Software Preservation Network's petition for a DMCA exemption was rejected for the fourth time since 2015.
  • Preservationists argue that 87% of games released before 2010 are critically endangered due to lack of access.
  • The Entertainment Software Association opposed the exemption, citing potential market harm for legacy game re-releases.
  • Historians and researchers may need to resort to extra-legal methods to study out-of-print games, as physical access is often impractical.
  • Advocates plan to continue raising awareness and will have another opportunity to petition for the exemption in 2027.
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