ESA Comes Out Against Allowing Museums To Curate Online Video Games For Posterity

from the disappear-that-art dept

A week or so back, we discussed the Museum of Art and Digital Entertainment (MADE) calling on the Copyright Office to extend exemptions to anti-circumvention in the DMCA to organizations looking to curate and preserve online games. Any reading of stories covering this idea needs to be grounded in the understanding that the Librarian of Congress has already extended these same exemptions to video games that are not online multiplayer games. Games of this sort are art, after all, and exemptions to the anti-circumvention laws allow museums, libraries, and others to preserve and display older games that may not natively run on current technology, or those that have been largely lost in terms of physical product. MADE's argument is that online multiplayer games are every bit the art that these single-player games are and deserve preservation as well.

Well, the Entertainment Software Association, an industry group that largely stumps for the largest gaming studios and publishers in the industry, has come out in opposition to preserving online games, arguing that such preservation is a threat to the industry.

“The proponents characterize these as ‘slight modifications’ to the existing exemption. However they are nothing of the sort. The proponents request permission to engage in forms of circumvention that will enable the complete recreation of a hosted video game-service environment and make the video game available for play by a public audience.”

“Worse yet, proponents seek permission to deputize a legion of ‘affiliates’ to assist in their activities,” ESA adds.

The proposed changes would enable and facilitate infringing use, the game companies warn. They fear that outsiders such as MADE will replicate the game servers and allow the public to play these abandoned games, something games companies would generally charge for. This could be seen as direct competition.

There is a ton of wrong in there to unpack. To start, complaining that MADE's request would allow them to replicate the gaming experience of an online multiplayer game does nothing beyond essentially repeating what MADE is requesting. The whole idea is that these games should be preserved for posterity so that later generations can experience them, gaining an understanding of the evolution of the industry. How could this be accomplished without libraries and museums making the online game playable? And how is that different than what these folks do for non-online games? With that in mind, further complaining that museums might ask for help from others to accomplish this task doesn't make a great deal of sense.

As for the final complaint about these museums making these games playable when gaming companies normally charge for them is nearly enough to make one's head explode. Museums like MADE wouldn't be preserving these games except for the fact that these games are no longer operated by the gaming studios, for a fee or otherwise. What ESA's opposition actually says is that making older online games playable will compete in the market with its constituent studios' new online games. To that, there seems to be a simple solution: the game companies should keep these older online games viable themselves, then. After all, if a decade-old MMORPG can still compete with newer releases, then clearly there is money in keeping that older game up and running. Notably, game publishers aren't doing that. Were ESA's concerns valid, they surely would, unless they hate money, which they do not.

What's ultimately missing from ESA's opposition is what exactly is different about these online games compared with non-online games that already have these anti-circumvention exemptions. The closest it gets is complaining that preserving these online games would require server content that game companies haven't made public in the past. Why exemptions for that should be different than the code for localized games so that emulators can run them is a question never answered. That ESA chose not to offer up a more substantive answer to that question is telling.

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Filed Under: abandoned games, copyright, dmca, dmca 1201, exceptions, multiplayer games, triennial review
Companies: esa


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  1. icon
    John85851 (profile), 27 Feb 2018 @ 10:45am

    Re: Re: Re: Not liking money....

    I think you found the correct reason.

    Sure, companies can make money with the older version of the game, but they can make even more money with the newer version which includes microtransactions and loot boxes.
    "You mean I can play World of Warcraft and find the Wind Frost Gem armor without having to pay $19.99 for it?"

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