Summary
In an July 03, 2025, announcement, theUS Copyright Officedenied a petition filed by the Software Preservation Network that would have allowed non-commercial remote access to out-of-print video games. The ruling is part of the US Copyright Office’s triennial review of proposed exemptions to the Digital Millennium Copyright Act, which defines limits for the circumvention of technology preventing unauthorized access to copyrighted works.
The Software Preservation Network is a membership-supported organization that engages in educational and legal efforts to build and maintain cultural, academic, governmental, and public access to software. Its three-year effort to push the exemption through was supported by the Video Game History Foundation, a non-profit working to preserve and transmit the legacy of video games. Whileretro gaming is still popular, legal means of accessing many titles from previous console generations and arcades are extremely limited, which both organizations claim hinders comprehensive research of gaming.
Thedenial of the Digital Millennium Copyright Act petitionkeeps offline, commercially unavailable games out of the hands of eligible libraries, archives, and museums, except by ownership of the game in its original physical or digital format, along with any required physical hardware. The main example offered in the petition isDuck Hunt, the 1984 light gun classic originally released for the Nintendo Entertainment System. With a2014 Wii UDuck Huntreissue no longer supported by Nintendo, the only way to access the game is to already own the defunct reissue; acquire vintage equipment, console, cartridge, and light gun; or travel to an institution that already owns one or the other. As a pivotal piece of video game history, the petition argues, scholars and archivists should have a more reasonable level of access toDuck Huntand games like it.
The Inaccessibility of Gaming History
Research conducted by the Video Game History Foundation in pursuit of the petition found that 87% of classic video games are inaccessible except through their original formats or by piracy. The foundation argues that this isolation of games puts the legacy of the medium at risk and prevents comprehensive study and dissemination of video gaming, one of the most important cultural signifiers of the past century. Asvintage consoles become increasingly hard to find, and older technology succumbs to age, accessing titles from across video game history is more challenging than ever.
Both the Video Game History Foundation and the Software Preservation Network claim they will continue advocating for the exemption, but it will be at least another three years before a reversal of the precedent can be accomplished. With modern gaming markets bursting with content, anddevelopers removing access to aging games, it seems more important than ever to create a sturdy, equitable infrastructure for accessing the artistry and culture that comprises video game history.
