Imagine if you weren’t allowed to watch your favorite movies from the 80’s or earlier unless you managed to have a still working VCR and VHS copy from your childhood. No Goonies, no Godfather, no Star Wars original trilogy. They decided to wipe these films from the face of the earth so that you could no longer enjoy them and had to go buy their new movies, exclusively, if you wanted entertainment from a film. That’s what games publishers are trying to do, so they don’t have to compete for you attention with older classics.
You can still watch those old films, as long as you are paying a subscription to a streaming service so the studio can keep making money off of them.
That’s what video game publishers want too. Nintendo doesn’t want to wipe SMB3 off the face of the earth. They just want to make sure the only way you can access it is to pay for Nintendo Switch Online.
*if they feel like offering it
And this is the real cost. Sorry Mario Brothers will pretty much always be available as long as Nintendo is around, but obscure games or classics with disputed Copyright will disappear.
Who is out there even trying to stream the old Sierra games? At least they are on GoG, but I know even GoG has tried to track down current copyright holders for old classics and the are plenty of orphan games where after several mergers and divestments, there is some uncertainty, and it’s not worth it for any of the potential copyright holders to sort it out and license it, and unfortunately it’s not worth it for GoG to publish it to find out if they’ll sue GoG.
This is why Abandonware is such an important concept.
Oni, Alien Vs. Predator 2, No One Lives Forever 1 and 2, MechWarrior 2/3/4, Black & White 1 and 2…
And that’s just at the top of my head. Copyright hell is awful.
One thing I’ve heard is it’s sometimes a weird stalemate where companies might have the property in their basement somewhere, but if there’s interest in it, suddenly the value will shoot up, so nobody wants to confirm it in case they’re the loser and will have it extorted from them.
I’m probably explaining it wrong. (Because it’s absolute nonsense.) But someone might know a better explanation than I.
I know there are several seminal works locked in archives or even just lost.
I couldn’t think of any specific examples off the top of my head, but I was considering the fate of Microprose, Sierra On-Line, and other studios that were gobbled up, disbanded, broken up, etc.
Your Mechwarrior example is a good example of licensing, where you might have defunct TTRPG studios (FASA) licensing a property to a have company it studio that has also gone though several mergers.
There should be a “use it or lose it” provision in copyright law, kind of like back in the day with what happened to “It’s A Wonderful Life”. The only reason IAWL became a Christmas classic isbecause it became public domain.
Except that that is largely not even true.
87% of games made before 2010 are completely commercially unavailable.
They do not even want to be in control of retro games to be able to sell them indefinitely.
With the exception of certain, wildly popular games they know they can still charge a high price for, they do not want the vast majority of retro games to be legally available at all.
Further, with books, film, other kinds of art… a legal carve out exception does exist for the purposes of academic study and research.
Basically, accredited academic institutions have the ability to rent those out to students, people writing studies on media and cultural history.
Video games? As of this ruling, nope, they are special, studying the history of video games functionally requires breaking the law.
They just get shoved into the vault, never to be seen again, by anyone, ever.
This reminds me that 90% of silent movies are lost forever because there was no effort to preserve them at the time.
If it wasn’t for people going as far deliding chips and breaking encryption, a good chunk of gaming history would be lost by now.
87% of games made before 2010 are completely commercially unavailable.
Would be interesting to know how many are unavailable because of licensing or rights issue. Racing games like NFS Underground or Most Wanted, for example, aren’t available anymore because of music license wasn’t renewed by studio.
Or many games aren’t available because the developer/publisher studio doesn’t exist anymore.
This is such an incredibly naive take that has already been proven wrong by multiple publishers going out of their way to do exactly what you just said. There’s also a ton of abandonware which is not being sold and never will be again.
You can still watch those old films, as long as you are paying a subscription to a streaming service…
And they feel like releasing the content you want to watch. And they don’t try to ruin the experience by remastering it. And they don’t try to ruin the experience by upscaling or recreating the film in a different style. And they don’t triple the price of content that used to cost a quarter of what it does now. And your device is compatible with their platform, service, and encoding formats. And the DRM implementation is compatible with your device, your cables, your speakers, and your ears. And you can pay to access that content in the location you happen to be living in, which is not always your choice. And you don’t have to buy a peripheral device just to access the content. And you trust them not to enshittify everything that you held dear about the original.
And and and… so the studio can keep making money off of them.
It’s just bonkers to me because they do everything for profit anyway; what the fuck profit do they get from not selling shit anymore? I said this not long ago about Nintendo, but other companies are guilty of it too. Spending money attempting to stop piracy, instead of making money by just giving customers what they fucking want. What crazy company secrets are they hiding that not continuing to sell a product is better than selling it?
Not in any way defending Nintendo - seriously, fuck them, I will pirate their entire catalogue and not feel one iota of guilt.
But, what mix of those 87% of games no longer commercially available fall into one of these three categories:
- yearly releases of game franchises (e.g. FIFA/NFL/NHL/NBA ‘94, ‘95, ‘96 etc.)
- unofficial releases (e.g. bootleg Christian NES carts)
- impossible to re-release 1:1 due to music licensing issues (anything with EA TRAX, Vice City/San Andreas etc.)
So I guess what I’m asking is, what percentage of those games aren’t economically viable to resell, or are stuck in licence limbo?
Sort of like how they erased all the evidence of “Sinbad’s Shazaam” and then gaslit everyone that remembered it?
Oh c’mon don’t screw with my head like that. I specifically remember seeing the “Shaq Genie movie”… Wait that was Kazaam! Dang it!
Buystream their new movies.FTFY
No Goonies, no Godfather, no Star Wars original trilogy
i would be okay with this. we should still preserve games of course, but i wouldn’t mind losing out on those movies
Good for you?
Eat shit, troll.
The purpose of copyright is to encourage the creation of art to enrich society. Making money for copyright holders is a means to an end, not the end itself.
We need a new copyright law that shifts media to public domain if the copyright holder no longer makes it available.
Copyright and patent law is a social contract and a very fundamental one.
United States Constitution has some pretty cool ideas in it. Freedom of speech? That the government cannot punish you for expressing an idea? That was added as an afterthought. Freedom of religion? That congress shall make no law establishing a religion, making our society secular and preventing the government from punishing those who do not conform? Afterthought. The right to a trial by jury of peers, the right to not be compelled to testify against yourself, the right to be secure in your person and property? Afterthoughts. All of that, all of the things we call the Bill Of Rights, were added on the basis of “Wait we should probably have this.”
The basis of intellectual property law isn’t in an amendment, it’s too important. It’s in the main body of the constitution. Article 1, Section 8, Clause 8 Intellectual property:
To promote the Progress of Science and the useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respecive Writings and Discoveries.
We The People grant creators for a time exclusive right of way over their creations to monetize and profit from them as incentive for doing the work of creation so that we may have the creations, after which the creation becomes the heritage of all mankind forever so that other creators in the future may build upon it. Americans tend to view our first amendment right to freedom of speech, broadly defined by our supreme court to include symbolic speech to include overt actions such as burning a flag, as near absolute. Even the allegedly liberal allegedly enlightened democracies in Europe will outlaw ideas; America will not. Copyright and patent law is one of the very few where we will limit speech or the press, for it is one of the few laws that came before the first amendment. You may not be free to print an idea if it currently belongs to someone else.
Without that incentive, the ability to personally profit form the works you create, you get the Soviet Union, which invented…Tetris. Whose inventor didn’t earn a single kopek from his invention until he became an American citizen. Without the expiration date for copyrights or patents you get…Disney. Who gobbles up creative works without the intention of letting go with the apparent goal of monopolizing the very idea of storytelling itself, hoarding wealth in perpetuity and simply buying any competition.
For a society to properly function it is important for patents and copyrights to be temporary in nature; they must exist and yet they must within a lifetime cease to exist. Lack of either condition is an intolerable rot. Copyright terms being the lifetime of the author plus seventy years is a rot the United States probably has not survived. I think we’re soon to find out.
That is an excellent write up! Well done OP!
My only critique is you seem to downplay Tetris like it isnt one of the greatest games ever developed. You are right in that Pajitnov had to straight up move to have any right to reward from it. Also the Soviet Union had to collapse
Tetris is a cool game, sure, but my point is the Soviet Union had a short list of hit video games. Name 5 other famous Soviet video games. Not a major exporter of cultural works.
While you’re right, its a really poor way to phrase that. Compare to something like, “In 69 years, the Soviets only managed to make Tetris, and even then the creator didnt see a cent until he emigrated to America”.
Could also mention how they failed to keep up with American computing
I don’t disagree, though another nuance is that…The Soviet Union wasn’t empty of people with creative capacity. A Soviet invented Tetris, and Tetris is an excellent game. But the way intellectual property worked (or not) meant not many had the opportunity and motive to try, and look at the result.
I dont disagree. Never did
Sure you can buy this - for just $1000000 you can watch this movie on Amazon.
Technically it’s available.
This is why the word “reasonable” comes up in a lot of laws. “What counts as reasonable?” You ask? This is what judges are for; to examine the circumstances and make a judgement call.
In an ideal society sure, we don’t live in an ideal society
Then whats the purpose of existence if not to strive for a more ideal society?
I think your comment is the most succinct summary in and of itself. It exists like a perfect quote from Greek philosophy. I was purely pointing out the broken issue of copyright as it exists.
The point of existence is to struggle for better existence in some schools of thought as you’ve summarized.
In others, it’s to realize that by struggling through cycles of existence you are not aware of the trap of existence, like Zen Buddhism.
In traditional Abrahamic schools of thought it’s to honor God enough and follow your creed that you get rewarded after you die.
I think the way I feel about existence is more Nihilist. Something like https://youtu.be/E_qvy82U4RE
I was where you were, a nothing matters, what’s the point nihilist. But I learned that I had skills and talents that could help people. Ended up going to law school and now I helping folks.
I believe every person can put their pants on in the morning and go out and make their local community just a little bit better. People get caught up in macro morals but just giving your neighbor a plate of Thanksgiving goods goes such a long way.
Oh hey don’t get me wrong. I switched my job from an ad agency to an emergency management SaaS company that was crucial during COVID to ensure vaccines went out to people when they should have and continues to have beneficial applications. I took a big pay cut, but the work is far more fulfilling.
I’m by no means saying we should treat our lives as if nothing matters, and I apologize that it came off that way. I think moreso my message was that there’s no great creed or so we can look to for guidance. Wake up every day, do your best to help others, then sign off of the toxicity that is most social media and do your best to treat yourself and those you care about with love. Go to sleep, and rinse and repeat.
But just don’t expect some magic eureka moment of where it gets easier. We’re all just struggling, and unfortunately I don’t think the forces we struggle against like greed will ever go away.
Cheers, thanks for the discourse, and I hope you find yourself with increasing happiness as the days flow by
You too!
Damn, I enjoyed reading this wholesome conversation.
Yea, I always liken nihilism to being an asshole, because you reap the rewards, however small or large, of peoples’ labour who didn’t think that way. The least you can do is pay it forward, so it’s more an obligation then anything else.
Not The Onion version: “‘People might actually have fun’: Publishers squash video game preservation movement”
If folks today learned that games existed which could be played offline, had no dlc, no microtransactions, no skinner boxes. And those games were actually fun, clearly the whole industry would collapse lol.
More proof that if they were a new idea, libraries would be fought tooth and nail by book publishers
Could you imagine trying to get there to be libraries today if the concept was new? “We can’t possibly just let people read for free! What, do you think literacy is a right? It’s a privilege!”
Same for firefighters.
“PAY people to sit around in case a fire breaks out?? That almost never happens! Also, ignore everything else they do. It’s everyone’s responsibility to keep fires out of their homes. We’ll sell them a new one if something happens, though. And their neighbors. And THEIR neighbors. Also, literally buy a fireplace from us, please.”
Ironically that was the case for a good long while, and has been the case on exceedingly rare occasion in the more modern era.
https://en.wikipedia.org/wiki/Firefighting_in_ancient_Rome
https://en.wikipedia.org/wiki/History_of_firefighting#United_States
see: the internet archive
Steal everything that isn’t nailed down while you’ve still got a chance.
preserved games might be used for entertainment
Umm, yeah, that’s what a lot of preserved media is used for. You think publishers are losing their shit over people enjoying Shakespeare?
I subscribe to a lot of YouTube channels that have silent films and films from the 1930s and 40s. Also I have a lot of movies from the 70s to 90s on my drive (and some more recent, too). I don’t always watch the more recent stuff.
It is ironic, too. Because when VHS first came out, it didn’t take long for film studios to start to release tons upon tons of their old classics (that were often shown on TV anyway) on tape and frequently capitalized on people’s desire for owning and watching older media. Sure people got the new stuff (for both rental and ownership) like there was no tomorrow, but if you were in the 80s and wanted to watch 40s stuff (which was like the 80s for people living in the 80s… feeling old yet?) you wouldn’t have had that hard of a time finding the classics.
This is what really baffles me about the industry. They could be making some real decent cash off of this old IP if they just made it accessible and put a tiny bit of effort into it. Imagine all the old games the switch already runs. Imagine it running EVERYTHING! ugh. Dummies!
Big Book hates him!
And this is why I sail the seven seas and have zero reservations about doing so.
Do you seed, though?
Nah I hit and run like a bastard
Sailing bastard
This makes you no different to a gold hoarding dragon.
⚔️ 🐉 ⚔️
Seed your mum
Yep.
Toproms collection. If you can hold it, give us a hand.
I’m sitting on the RetroAchievements collection over here. It is my single most seeded torrent, by leaps and bounds. I went with RA, because it means I can throw any of them at RetroArch and the RetroAchievements integration will work without having to fiddle with game versions. It also has a surprising number of ROM hacks and homebrew.
deleted by creator
Ay, elaborate a bit because I see a lot of unofficial RA collections and the official one on archive.org doesn’t list a magnet or torrent file.
Are they seriously just hosting their most current archive in one place?
The library shouldn’t preserve books because people might read them.
The worst part is that it may really come to this
Guess I better make a copy of the shit ton of emulated games on the thumbdrive that I have. How stupid.
This has been an issue since copyright came into being. Money is at odds with the preservation of art so shareholders are incentivized to limit access to older titles and keep control in case it turns out they can sell them for profit.
Keep circulating the tapes, as they say
guess what publishers, your videogames are going to be preserved if you allow it or not.
I suppose you could have allowed it to happen to garner some goodwill from the community, but you have instead chosen to shit on that goodwill.
guess we’ll just do whatever we’ve been doing for the last 25 years and continue to “archive” your “property” that’s been abandoned.
What I don’t get is that they’re not sizing the opportunity to do this on their own terms and maybe make some cash off it. Idiots.
Fuck this, fuck these guys, and fuck them to hell.
I said this many years ago and I will say it again on here to be brief: Emulation and amateur game preservation by moving them from their original media (such as floppy disks, tapes, CDs, and other physical media) onto newer stuff and be able to move it around better is an act of historical defiance.
You see, throughout history, especially in the past 150 years or so, almost all early iterations of recorded media are just gone. Whether it is cylinder recordings from the late 19th century that preserved human voices, to the first music records, to the first silent film, and even the early talkies. 90% of all silent movies from all over the world are lost. What we have available is only a small sample of what existed. Even 75% of all early sound film from the first half of the 1930s are gone. For non-Western countries the number can be higher. The first ever South Asian language sound film is lost, and practically all films made in Indonesia from 1945 and back are also gone. Have you ever noticed how in terms of music, almost all the Christmas jingles are from the late 40s to 50s? There were a lot made before then, and it isn’t just because the newer stuff is more relatable… a lot of the older stuff just doesn’t exist anymore.
For TV, the majority of the first broadcasts were never recorded. Even as late as the 1960s some TV stars from Canada will never have their work shown because they were broadcast live and never recorded.
The list goes on and on… except for video games.
For video games that rule was broken. We have early computer adventure games from the 1970s that we can still play, ditto for console games and arcade games. The original Pong and Computer Space are still playable by anyone. The Atari 2600’s original game library is almost 100% preserved, with even the destruction of E.T. the video game en masse anyone can play it (I have it on emulation, because every single Atari game ever made so small that they take no space).
All legal attacks on emulation have failed ever since the 90s. Look up the history of MAME to see how hard amateurs have fought to allow us to revisit the classics and allow people for generations to come to see what things were like before they were born.
Damn right that old video games would be used for entertainment. I have old books, which predate me by decades, that I still read. I watch old movies on DVD’s. I see no reason why games should be any different.
I’m lucky that ever since I’ve been a gamer, I had a PC. Hardware is thus not a problem, and in my case, so is emulation, via VirtualBox. I kept the install disks and license keys (if applicable) for all operating systems I’ve used, so now I have several virtual images I spin up when I want to play a certain game. And I’m finding that I’m still spending most of my time with the older titles…
This will not help anyone who’d like to play their old favorite from the NES or Dreamcast era. And it’s too late to advise only buying games that are platform independent. So kerp up the good fight. In the past you purchased games to own, not a “limited license”. You are entitled to kerp using your entertainment product as you see fit.
I read an old book, and it didn’t need batteries, nor had it microtransactions, nor advertisements, nor did it need updates. Worst of all, I got it for free at my local library. The terror!
Trump: “lol, you mean you used to.”
I always enjoyed the ads in some youth books, like the “one chapter teaser” of the next adventure in the local translation of “Famous Five” by Blyton
Yeah, but those X-Ray Specs worked about as well as anything bought from an Ad thase days
We never had that kind of ads in our books, they came in catalogues I sadly never got to order from even if the "make your own radio"kit with crystal always looked awesome
Those radio kits with the crystals actually worked, I remember building one with my pa. I forget the principle behind them
Sounds like I should try to find a kit before they go all DAB
Ha! I used to do that, too. They also had video tapes at mine, and audio. You could do all sorts of things there. It was publically funded, as it should.
It feels like companies are worried about people not wanting to play new stuff if they have decades of old stuff available. Just like movies right guys?
Watching a movie from 1979
Uhh yea… right.
Video games always used to be an economic way of entertainment. With an amount equal to a restaurant dinner you could be entertained for hundreds of hours.
Nowadays, video games follow the trend of enshitification. Low quality, repeated material, bad gaming experience, data hoarding, the need to be always online even for a single player game and of course, the “you don’t own, we can take it away anytime we want” mentality.
According to the court rulling, if you essentially want to play retro games, you should find a way to access the original hardware and run the software in mostly proprietary mediums like cartridges that could be damaged or corrupted. And the reason you can’t do it is because you may actually have fun!
This ruling is so bongers it blows my mind.
So you should never, ever ever
- Use emulators like Retroarch
- Find the ROMs of various systems you like in various “archives” through the interwebs for research purposes ofcourse
- Use a frontend like ES-DE or launchbox to make things look beautiful.
- Scrape content through screenscraper or something similar to make your frontends even more beautiful. 5.Keep in mind that this combo ( Retroarch + frontend) works in mostly cross platform (windows, Linux, android etc.)
After all, as a researcher you have to be able to tinker a little bit.
Enjoy your research ;)
TFW when your entire 1000+ game library of roms fits in a tiny corner of storage on my phone
True. Unless it’s MAME. I download everything AND the CHDs. I do this for games I don’t even WANT to play.
