In an interesting side note, the Register also made mention of the emulation of classic game consoles, highlighting that while it does not constitute infringement in and of itself, it has historically been linked to piracy, potentially causing concern regarding any remote emulation of library game collections. This assertion is paradoxically based on a footnote referencing Frank Cifaldi, the founder and director of the Video Game History Foundation (VGHF), and his 2016 Game Developers Conference presentation on the misrepresentation of emulation and its significance in preserving video game history.
Cifaldi humorously remarked in a social media post, “The moment I became the Joker is when someone in charge of copyright law watched my GDC talk about how it’s wrong to associate emulation with piracy and their takeaway was ’emulation is associated with piracy.'”
In response to the ruling, the VGHF criticized the efforts of rightsholder groups to impede the progress of researchers, stating that the current limitations on remote access force researchers to resort to unofficial means to acquire out-of-print video games for study. This unequal access hinders research in video game history compared to other disciplines like literary studies or film history, where digitized resources are more readily available.
NYU professor Laine Nooney highlighted these discrepancies in access during discussions with the Copyright Office, emphasizing the challenges faced by researchers who need physical copies of games for their work. The VGHF Library Director, Phil Salvador, expressed disappointment at the Copyright Office’s decision but underscored the significance of the research produced during this process in supporting game re-releases and securing grants for video game history investigations. Despite setbacks, the VGHF remains committed to advancing conversations on game preservation within the industry.
Vocabulary List:
- Emulation /ˌɛm.jʊˈleɪ.ʃən/ (noun): The act of replicating or mimicking the function of a system or device.
- Infringement /ɪnˈfrɪndʒ.mənt/ (noun): The violation of a law or a right.
- Piracy /ˈpaɪ.rə.si/ (noun): The unauthorized use or distribution of copyrighted material.
- Discrepancies /dɪsˈkrɛp.ən.siz/ (noun): Inconsistencies or differences that are often noted in data or information.
- Impeded /ɪmˈpiːdɪd/ (verb): Hindered or obstructed in progress.
- Significance /sɪɡˈnɪfɪkəns/ (noun): The importance or meaning of something often in a specific context.
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