The Register of Copyrights has ruled against libraries seeking to emulate physical video game collections online, extending the debate over digital access to classic games. The decision aligns with industry arguments that such emulation could trigger “market harm” for games that might be re-released. While the emulation of classic game consoles is not inherently infringing, it has been “historically associated with piracy,” according to the Register’s notes, presenting a concern for remote access to library game catalogs. This association continues to draw criticism, including from Video Game History Foundation (VGHF) founder and director Frank Cifaldi, who argues that emulation’s perceived link to piracy devalues gaming’s heritage.
In their official response, VGHF called out “lobbying efforts by rightsholder groups” they say are holding back progress for researchers. The current limitations mean researchers are often compelled to explore “extra-legal methods” to access many out-of-print video games that remain inaccessible any other way. Researchers in other fields like literary studies or film history generally have greater ease of access to digitized versions of their subjects, as NYU professor Laine Nooney pointed out earlier this year.
Despite the setback, VGHF Library Director Phil Salvador reflected positively on the efforts made during the appeal process, highlighting the progress in discussions around game preservation. Speaking to Ars Technica, Salvador mentioned the impact of their research, which has supported both game re-releases and academic grants. The Foundation remains dedicated to advancing conversations within the game industry about the importance of preserving video game history.