Preservation Fail: Hasbro Wants Old ‘Transformers’ Games Re-Released, Except Activision Might Have Lost Them

from the dude-where's-my-hard-drive? dept

And here we go again. we’ve been talking about how copyright has gotten in the way of cultural preservation generally for a while, and more specifically lately when it comes to the video game industry. The way this problem manifests itself is quite simple: video game publishers support the games they release for some period of time and then they stop. When they stop, depending on the type of game, it can make that game unavailable for legitimate purchase or use, either because the game is disappeared from retail and online stores, or because the servers needed to make them operational are taken offline. Meanwhile, copyright law prevents individuals and, in some cases, institutions from preserving and making those games available to the public, a la a library or museum would.

When you make these preservation arguments, one of the common retorts you get from the gaming industry and its apologists is that publishers already preserve these games for eventual re-release down the road, which is why they need to maintain their copyright protection on that content. We’ve pointed out failures to do so by the industry in the past, but the story about Hasbro wanting to re-release several older Transformers video games, but can’t, is about as perfect an example as I can find.

Released in June 2010, Transformers: War for Cybertron was a well-received third-person shooter that got an equally great sequel in 2012, Fall of Cybertron. (And then in 2014 we got Rise of Dark Spark, which wasn’t very good and was tied into the live-action films.) What made the first two games so memorable and beloved was that they told their own stories about the origins of popular characters like Megatron and Optimus Prime while featuring kick-ass combat that included the ability to transform into different vehicles. Sadly, in 2018, all of these Activision-published Transformers games (and several it commissioned from other developers) were yanked from digital stores, making them hard to acquire and play in 2023. It seems that Hasbro now wants that to change, suggesting the games could make a perfect fit for Xbox Game Pass, once Activision, uh…finds them.

You read that right: finds them. What does that mean? Well, when Hasbro came calling to Activision looking to see if this was a possibility, it devolved into Activision doing a theatrical production parody called Dude, Where’s My Hard Drive? It seems that these games may or may not exist on some piece of hardware, but Activision literally cannot find it. Or maybe not, as you’ll read below. There seems to be some confusion about what Activision can and cannot find.

And, yes, the mantra in the comments that pirate sites are essentially solving for this problem certainly applies here as well. So much so, in fact, that it sure sounds like Hasbro went that route to get what it needed for the toy design portion of this.

Interestingly, Activision’s lack of organization seems to have caused some headaches for Hasbro’s toy designers who are working on the Gamer Edition figures. The toy company explained that it had to load up the games on their original platforms and play through them to find specific details they wanted to recreate for the toys.

“For World of Cybertron we had to rip it ourselves, because [Activision] could not find it—they kept sending concept art instead, which we didn’t want,” explained Hasbro. “So we booted up an old computer and ripped them all out from there. Which was a learning experience and a long weekend, because we just wanted to get it right, so that’s why we did it like that.

What’s strange is that despite the above, Activision responded to initial reports of all this indicating that the headlines were false and it does have… code. Or something.

Hasbro itself then followed up apologizing for the confusion, also saying that it made an error in stating the games were “lost”. But what’s strange about all that, in addition to the work that Hasbro did circumventing having access to the actual games themselves, is the time delta it took for Activision to respond to all of this.

Activision has yet to confirm if it actually knows where the source code for the games is specifically located. I also would love to know why Activision waited so long to comment (the initial interview was posted on July 28) and why Hasbro claimed to not have access to key assets when developing its toys based on the games.

It’s also strange that Hasbro, which says it wants to put these games on Game Pass, hasn’t done so for years now. If the games aren’t lost, give ‘em to Hasbro, then?

Indeed. If this was all a misunderstanding, so be it. But if this was all pure misunderstanding, the rest of the circumstances surrounding this story don’t make a great deal of sense. At the very least, it sounds like some of the concern that these games could have simply been lost to the world is concerning and yet another data point for an industry that simply needs to do better when it comes to preservation efforts.

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Companies: activision, activision blizzard, hasbro

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Comments on “Preservation Fail: Hasbro Wants Old ‘Transformers’ Games Re-Released, Except Activision Might Have Lost Them”

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17 Comments
Anonymous Coward says:

I’m betting Activision knows exactly where the code is, it’s that they are playing some very stupid game with Activision marketing.
Like they are remastering the two cybertron games and don’t want to reveal that to the public yet. So they either lied to their own marketing team, or told the marketing team to lie.

Thus the sudden confusing messaging when it looked like it was going into lawsuit or abandonware territory based on the reporting.

I won’t be surprised if I’m a few weeks we get the surprise announcement that not only do they have the code, but the remasters are appearing next year.

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thorvold says:

It is entirely possible that they have a backup of the original source code, but no longer have the ability to compile it. It may have outside code dependencies that are no longer available. I could also see where they might not have a backup of the build scripts at all. If the source code references version 2.x of a library, but the only copy of that library that they can find is a newer 4.x version, then they would need to make a code change (newer library may not be backward compatible) to the file in the build script that references that version in order to be able to build it. The build system is probably long gone, and they would have to rebuild the filesystem to get everything to work.

They also mention that they have a copy of the source code, but don’t mention whether they have a copy of the art assets. That appears to be what the toy designers wanted, not the source code that controlled how the game behaved.

Anonymous Coward says:

Re:

Giving the complexity of such a project, it may take weeks to find all the files related to the game since it’s not a simple folder to zip and attach to an email.

Maybe the game was running on a highly modified game engine (used for some other Activition games), a lot of produced assets may be concept art used on another (or planned) game. There is also the documentation of code which need to be found by an lead developper that was working on this 10 years project.

I understand why some companies used to rebrand some game as “remastered” when it was pretty much just running them on a virtual machine with higher definition (like 576p to 720p) without having to touch the code.

At the end, it’s more than just a lot of bits and pixels, there also some legal consequences that makes this game industry so prolific.

DannyB (profile) says:

See: A Letter from 2020

This is now out of date. This letter appeared on Slashdot more than a couple decades ago. I posted it here on TechDirt some years back . . .

https://www.techdirt.com/articles/20121112/14563021022/copyright-maximalism-turning-satirical-works-into-ridiculous-reality.shtml

First, it is interesting to see what things were predicted that hare partly come true.

Second, one of those things was:

But what interested her was that future generations will know nothing about us; all our records and art are stored digitally, most of it will simply disappear when no one rents it anymore — remember the sadness when the last digital copy of Sgt. Pepper was accidentally erased? And the data that does survive will all be encrypted and in proprietary formats anyway — even if there were historians they’d have no right to reverse engineer the formats. I can vaguely remember that people used to have physical copies of music and films, although I’m not sure how that was possible, or what the point was when we can rent whatever we like from the air interface.

mcinsand says:

What if we hadn't preserved Chess, playing cards, etc.?

Granted, chessboards, playing cards, dice, etc. are far easier to recreate than a video game, but we would be so much culturally poorer without them. One problem is that the hardware and software that enable the games eventually getting in the way.

I love the game Hack and the later games NetHack. However, the game that I used to play on MS-DOS in the late ’80s will not play on Windows. The same is true with Dungeon Keeper, which is a great, silly game.

Copyright made more sense for books and recordings* than for software, where the advance of technology is far, far faster. By the time interest in a game has faded, hardware and OS have also moved on. Backwards compatibility is no longer a consideration much of the time. We really need to shorten copyright for software and make the code available at the end of copyright to preserve this part of our culture.

*Copyright made some amount of sense before Sonny Bono and Disney got involved.

Anonymous Coward says:

Re:

It’s easy to laugh at the suggestion that old things like chess and the like wouldn’t be copyrighted, but considering the vitriol authors and copyright holders have for libraries, it’s a fair guess to say that if libraries were invented at the height of the RIAA’s litigation campaigns, they would not be allowed to exist.

Imagine what would happen if Egypt copyrighted their hieroglyphs.

Bloof (profile) says:

Hasbro/Takara/Tomy, as toy companies, produce toys that require tooling made from steel blocks the size of small family cars to produce. Despite the mindboggling inconvenience, they still manage to retain the tools for a huge number of the toys they’ve put out since the 80s, or the means to produce more of the same tool should it be cost effective to do so. It’s insane that Activision is incapable of keeping archives of games produced in the digital download era of gaming, in the era where people were starting to go back and rerelease licensed games.

LostInLoDOS (profile) says:

These games were released on disc. That’s how they likely got pirated copies to play.
What happened here is clear: they went online and downloaded a pirate copy.
Backtracked on saying what they did for legal reasons, and now all is just swell.

As long as physical media exists, games are not lost.
And in reality: decompiling a production game is a clear pain in the arse, but not impossible.

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