ESA Says Game Publishers Won't Support Libraries in Preserving Online Game - News
by William D'Angelo , posted on 01 May 2024 / 3,538 ViewsThe Electronic Software Association (ESA) in a hearing in a hearing held by the United States Library of Congress Copyright Office has shot down the idea of libraries preserving online games that have been shut down.
The goal of the hearing was to evaluate a proposed copyright exemption by the Software Preservation Network in 2023 to provide remote access to archived games for video game researchers.
ESA lawyer Steve Englund, as reported by Game Developer, said there are "[no] combination of limitations [ESA members] would support to provide remote access."

Englund shot down multiple solutions to address concerns from the ESA over remote academic access to older games. He was not satisfied with proposals that would restrict access to those with academic credentials.
He believes they worst thing a non-profit organization could do is to put a preserved game online with "few restrictions" as that kind of remote access would be "insufficient progress" when it comes to game preservation.
AACS attorney Mike Ayers supported the ESA's argument saying there should be "more substance" in combating the restrictive preservation rules.
Others did speak up saying there needs to be something done about game preservation. VGHF library director Phil Salvador said libraries lack the ability to make a meaningful game collection, whether physical or digital.

Technology lawyer Kendra Albert said the ESA has not been willing to meet preservationists and researchers halfway and that any changes would "never be enough" for the copyright holders.
There are currently no legal obligations from video game publishers and developers to keep online services running.
Members of the ESA includes Microsoft, Nintendo, PlayStation, Activision Blizzard, Amazon, Bandai Namco, Capcom, Disney, Electronic Arts, Epic Games, Netflix, Sega, Square Enix, Take-Two, Tencent, Ubisoft, and many more.
A life-long and avid gamer, William D'Angelo was first introduced to VGChartz in 2007. After years of supporting the site, he was brought on in 2010 as a junior analyst, working his way up to lead analyst in 2012 and taking over the hardware estimates in 2017. He has expanded his involvement in the gaming community by producing content on his own YouTube channel and Twitch channel. You can contact the author on Twitter @TrunksWD.







