The Software Preservation Network and the Library Copyright Alliance argued that this would allow researchers to study games that are no longer in production. They recommended strict measures to prevent unauthorized use, such as limiting access to only qualified individuals and institutions.

But the Entertainment Software Association (ESA), which represents video game publishers, opposed the proposal, arguing it could “harm the classic games market and lead to piracy.”

The Copyright Office sided with the ESA, citing concerns about potential market harm and risk of unauthorized use.

The decision disappointed cultural heritage advocates, who believed it hindered their ability to “study and preserve the history of video games.”

Source: Ferra

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