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"Most of the world’s video games from close to 50 years of history are effectively, legally dead. A Video Games History Foundation study found you can’t buy nearly 90% of games from before 2010. Preservationists have been looking for ways to allow people to legally access gaming history, but the U.S. Copyright Office dealt them a heavy blow Friday. Feds declared that you or any researcher has no right to access old games under the Digital Millennium Copyright Act, or DMCA."

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[-] uriel238@lemmy.blahaj.zone 2 points 14 minutes ago

Feds are wrong, or would be if copyright continued to serve its original purpose (according to the Constitution of the United States) to create a robust public domain.

All media should be accessible through public libraries, and arguments by federal courts presumes that the public does not have vested interest in content. It presumes the government isn't there to serve the public, which raises questions as to why we have government in the first place.

[-] SplashJackson@lemmy.ca 3 points 26 minutes ago

Land of the Free, everybody

[-] Kolanaki@yiffit.net 4 points 44 minutes ago* (last edited 43 minutes ago)

Does this mean my library isn't allowed to have games you can check out anymore? It's been doing that (and other things that aren't books) for at least a decade now with donated items.

[-] yamanii@lemmy.world 1 points 34 minutes ago

This is more about the online one you can do with books and movies, they wanted to expand it to retro games and ESA fought tooth and nail to deny it.

[-] RangerJosie@lemmy.world 1 points 36 minutes ago

Oh yeah? ~reaches for feathered Tricorn~

You don't say? ~shifts buckaneer coat across shoulders~

No, you don't mean that? ~straps on pistol/saber belt~

Why would you say such a thing ya daft cunt ? ~quote by nearby African Grey Parrot~

https://youtu.be/gP9qaDhcSwQ?si=fXLBBjA0VxJeHcja

[-] Blackmist@feddit.uk 39 points 4 hours ago

OK, I'll download them then.

[-] dubyakay@lemmy.ca 52 points 6 hours ago

It sounds like the problem is not with the feds but with the DMCA. It needs to be overturned.

[-] wavebeam@lemmy.world 49 points 7 hours ago

They’re right. I have been using old videos games for recreation. Too bad that they’ve decided to prevent me from paying for the privilege or at least being tracked through library usage and have instead decided it’d be better if I was just an untrackable “criminal”

Either way, I’m enjoying these old games and living my life guilt free.

[-] Bazoogle@lemmy.world 19 points 5 hours ago

You'd better not also be reading books for fun. By their logic, any recreational use of books from a library should also be considered illegal.

[-] postmateDumbass@lemmy.world 4 points 4 hours ago* (last edited 4 hours ago)

Only legal for educationale, reproductioning, or ownin dem libs. (sic.)

[-] rottingleaf@lemmy.world 4 points 5 hours ago

There's no such thing as untrackable.

The feeling of being a completely honest and lawful citizen was really nice at some point, buying games in Steam, GOG or just bookstores, too bad it was mostly gaslighting and they were not going to be honest with us.

[-] mm_maybe@sh.itjust.works 6 points 4 hours ago

Well, maybe we need a movement to make physical copies of these games and the consoles needed to play them available in actual public libraries, then? That doesn't seem to be affected by this ruling and there's lots of precedent for it in current practice, which includes lending of things like musical instruments and DVD players. There's a business near me that does something similar, but they restrict access by age to high schoolers and older, and you have to play the games there; you can't rent them out.

[-] umbrella@lemmy.ml 14 points 6 hours ago* (last edited 6 hours ago)

stop giving money to lobbyists

🏴‍☠️🏴‍☠️🏴‍☠️🏴‍☠️🏴‍☠️

[-] linearchaos@lemmy.world 6 points 4 hours ago

That's not enough, let's outlaw lobbying.

[-] JoeKrogan@lemmy.world 37 points 9 hours ago

Sharing is caring

[-] mPony@lemmy.world 68 points 10 hours ago

FTA

Industry groups argued that those museums didn’t have “appropriate safeguards” to prevent users from distributing the games once they had them in hand. They also argued that there’s a “substantial market” for older or classic games, and a new, free library to access games would “jeopardize” this market. Perlmutter agreed with the industry groups.

So as long as someone, somewhere, might make a penny off of them, they can't be free. Insert your own metaphor here.

[-] kent_eh@lemmy.ca 7 points 4 hours ago

They also argued that there’s a “substantial market” for older or classic games, and a new, free library to access games would “jeopardize” this market. Perlmutter

And if that market demand isn't being catered to, or is being actively refused to be served, is there any wonder people are finding other ways to get that stuff?

All they're doing is hoarding this old software and preventing its use based on the speculation that they might eventually figure out a way to profit from long gone developers work.

[-] Corkyskog@sh.itjust.works 1 points 3 hours ago

It's such bullshit it makes me want to start selling those knockoff consoles just purely out of spite.

[-] BrianTheeBiscuiteer@lemmy.world 17 points 6 hours ago

It's been demonstrated multiple times that when you make access easy and affordable people will pay for it over pirating it.

[-] zarenki@lemmy.ml 19 points 8 hours ago

This argument is even more ridiculous than it seems. During the copyright office hearing for this exemption request (back in April), the people arguing in favor of libraries talked about the measures they have in place. They don't just let people download a ROM to use in any emulator they please. It's not even one of those browser-based emulators where you can pull the ROM data out of your browser cache if you know how. It's a video stream of an emulator running on a server managed by the library, with plenty enough latency to make it very clearly a worse gaming experience.

It's far easier to find ROMs of these games elsewhere than it is to contact a librarian and ask for access to a protected collection, so there'd be no reason to redistribute the files even if they were offered, which they aren't.

On top of that, this exemption request was explicitly limited to old games that have been long unavailable on the market in any form, which seems like an insane limitation to put on libraries, places that have always held collections of books both new and old.

All of that is still not enough to sate the US Copyright Office, the ESA, AACS, or DVD CSS. Those three were the organizations that fought against this.

[-] Pulptastic@midwest.social 13 points 9 hours ago

The same logic would apply to books. ::gestures at library::

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[-] CosmoNova@lemmy.world 109 points 12 hours ago

Read a comment a while ago that if libraries weren't a thing today and someone would propose them, the FBI would be on their ass and stalk after them for even suggesting such radical views. Copyright law is utterly broken and a disservice to society in it's current form and execution. Politicians need to get their fat fingers out of the stock market by law.

[-] tehn00bi@lemmy.world 29 points 9 hours ago

I really feel like the source code needs to be released after 25 years. We need to be able to protect older games.

[-] rottingleaf@lemmy.world 3 points 5 hours ago

There's often no in any way complete source code after 25 years.

Media degrade, get forgotten hell knows where, get occasionally destroyed.

[-] wavebeam@lemmy.world 7 points 6 hours ago

I’ve been saying that we need to have a law on the books to require any online components of a game be required to have the source to those features be released upon closure of the online service. I would be fine with them then being except from any security liability for anyone who gets hacked by use of that software and even retaining ownership of the IP, so no one could sell access to the service, but being able to stand up fan-run servers for old Xbox-live games or dead MMOs more easily would be really great. I’m locked out of so many PlayStation trophies simply because online servers have been down for ages now.

[-] Fedizen@lemmy.world 27 points 12 hours ago

insane takeover of the public square here.

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this post was submitted on 27 Oct 2024
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