Game Developers fear gamers doing the unthinkable! Playing games for fun. No microtransactions. No teenagers screaming racial slurs or about doing things with my mom? Who do these gamers think they are?!
Game Publishers expressed concerns that preserved video games would be used for recreation…So these publishers feared that their product would be used?
The reality is that publishers didn’t want their product being redistributed even for purposes of historical preservation. The US Copyright Office struck down the lawsuit to preserve unavailable games.
Essentially:
It’s a somewhat complicated situation because one of the few ways to fully experience the game or record its experience is by playing it. It’s essentially saying that you can’t keep music as a historical artifact because you have to listen to it. You can’t preserve books because that means you have to read them. You can’t preserve movies because that means you have to watch them. All of these actions can be a recreational experience.
So what does this mean for other products? Can the Tolkien Estate suddenly cease distribution because people enjoy reading? Can Disney shut down all viewing of Mickey Mouse because people would enjoy the design? I’m just wondering how far the recreation argument goes.
What likely doesn’t help is the fact that video games are a recent medium. Even film when it first came out was seen as a novelty. However, it didn’t stop Edison from chasing cinematographers from New Jersey to Florida. Recent enough to dismiss its significance, but not small enough to deny ownership. I would argue it’s corporations stating that they can have their cake and eat it too. However, what purpose does an IP serve if the company isn’t willing to distribute the product?
And with that, Happy Halloween everybody! Stay safe and scare your employers by starting a union. It’d be the best trick for your treats. Ok, you can cringe now. Stay safe.