Ancestors

Written by Kendra Albert on 2024-10-25 at 18:05

The Copyright Office released the 1201 exemption final rule today, which declines to let libraries, archives, and museums provide remote access to preserved video games, even if the org individually vets each request. https://public-inspection.federalregister.gov/2024-24563.pdf

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Written by Kendra Albert on 2024-10-25 at 18:06

I'm gutted by this result, as well as the decision to limit the availability of non-video game software.

There are certainly things we could have done differently as advocates in making the arguments. The C.O. always says we should be more specific about the exact uses.

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Toot

Written by Kendra Albert on 2024-10-25 at 18:07

Speaking on behalf of only myself, and not any of my clients, I do believe we made the best case we could that scholarly access to video games that are not commercially available does not harm the market. I do not believe that this evidence was seriously engaged with by the Copyright Office.

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Descendants

Written by Kendra Albert on 2024-10-25 at 18:08

In particular, the on-the-record comments from re-release publishers that scholarly access would not harm the market for video game re-releases do not appear to have mattered at all in analysis of whether there would be market harm. Compare page 188 with 191. https://www.copyright.gov/1201/2024/2024_Section_1201_Registers_Recommendation.pdf

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Written by Kendra Albert on 2024-10-25 at 18:10

If that evidence does not change the analysis, what could? The Entertainment Software Association has said that they will never support remote access to preserved games, no matter how restrictive the conditions, because they believe that it would always harm their market.

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Written by Kendra Albert on 2024-10-25 at 18:10

It is not fair to video game scholars and preservationists to pretend that this is about creating sufficiently stringent exemption rules when the Copyright Office seems to have ignored the evidence that contradicts their prior beliefs.

But anyway, I guess, we tried.

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Written by pchestek on 2024-10-25 at 23:01

@kendraserra it's a ridiculous system for a ridiculous law

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