Video game preservation
Video game preservation is a form of preservation applied to the video game industry that includes, but is not limited to digital preservation. Such preservation efforts include archiving development source code and art assets, digital copies of video games, emulation of video game hardware, maintenance and preservation of specialized video game hardware such as arcade games and video game consoles, and digitization of print video game magazines and books prior to the Digital Revolution.
Importance of preservation
Unlike most other forms of media like books, art and photography, and film which can be preserved in a variety of formats that are not ladened with intellectual property issue, video games typically require specialized and/or proprietary computer hardware and software to read and execute game software. However, as technology advances, these older game systems become obsolete, no longer produced nor maintained to use for executing games. The media formats of the early days of computer gaming, relying on floppy discs and CD-ROMs, suffers from disc rot and degrade over time, making it difficult to recover information. Further, video games tend to rely on other resources like operating systems, network connectivity, and external servers outside control of users, and making sure these boundary aspects to a video game are preserved along with the game are also essential.One period of the video game industry that has received a great deal of attention is up through the 1980s. As a result of the video game crash of 1983, many companies involved in developing games folded or were acquired by other companies. In this process, the source code for many games prior to the crash were lost or destroyed, leaving only previously-sold copies of games on their original format as evidence of their existence.
Preservation has become a greater priority for game companies since the 2000s with the ease of redundant digital storage solutions, and thus tend not to be an issue for games issued since that point. Frank Cifaldi said that Electronic Arts had developed an extensive means of preserving their games at the end of the development cycle as well as contact former employees to collect data and assets from past games to help preserve their titles.
Legal issues
Most issues related to video game preservation are based on the United States, one of the largest markets for video games, and as such, issues related to preservation are limited by laws of the country.In general, the copying and distribution of video games that are under copyright without authorization is considered a copyright violation. However, it has generally been allowed that users may make archival copies of software as long as they own the original software; if the user sells or give away the original software, they must destroy the archival copies. This is also justification for a person being able to make ROM images from game cartridges that they own.
In 1998, the United Congress passed the Digital Millennium Copyright Act, designed to bring copyright within the United States to align with two doctrines published by the World Intellectual Property Organization in 1996. The DMCA make it a criminal offense to develop, sell, or use technologies that are designed to bypass digital rights management used in various forms of media. This subsequently made it illegal to backup up one's software for many games distributed via either game cartridge or optical disc, if some form of DRM was used to limit access to the software on the media.
The Library of Congress is responsible to open submissions for specific and narrow exemptions from interested parties every three years, and determine which of those, if any, to grant. Through the Library of Congress, some key exceptions to the DMCA have been granted to allow for video game preservation.
- In the 2003 set of exemptions, the Library disallowed enforcement of the DMCA for "computer programs protected by dongles that prevent access due to malfunction or damage and which are obsolete" and for "computer programs and video games distributed in formats that have become obsolete and which require the original media or hardware as a condition of access".
- In the 2015 exemptions, the Library granted permission for preservationists to work around copy-protection in games which required an authentication step with an external server that was no longer online prior to playing the game which otherwise did not require online connectivity; this specifically did not cover games that were based on a server-client mode like most massively-multiplayer online games.
- In the 2018 exemptions, the Library allowed for preservation and fair use of server-based games like MMOs, permitting preservationists to offer such games where they have legally obtained the game's code within museums and libraries.
Normal copyright laws and contractual agreements may also hamper legitimate preservation efforts. The game and its sequel is considered to be copyright limbo due to subsequent business moves that dispersed where the IP may have gone: the game was developed by Monolith Studios which after publication became a subsidiary of Warner Bros. Interactive Entertainment. It had been published by Sierra Entertainment, which had been owned by Fox Interactive, a subsidiary of 20th Century Fox, but later sold to Vivendi Games; Vivendi Games itself eventually was merged into Activision Blizzard. Night Dive Studios, a company with interest in reviving old games, had spent significant time working between Warner Bros., Fox, and Activision to try to track down the ownership of the game's IP but none of the three companies had immediate knowledge of the IP's state, and did not see the value in searching their paper archives to find the required documents, particularly if became a case of jointly-owned IP.
Preservation of video game software
Emulation
s use software that replicates the hardware of a video game console or arcade machine. Generally these create a virtual machine on newer computer systems that simulate the key processing units of the original hardware. The emulators then can read in software, such as a ROM image for arcade games or cartridge-based systems, or the game's optical media disc or an ISO image of that disc, to play the game in full.Emulation has been used in some official capacity on newer consoles. Nintendo's Virtual Console allows games from its earlier consoles and other third-parties to be played on its newer ones. Sony had originally released the PlayStation 3 with backwards compatibility with PlayStation 1 and PlayStation 2 games if players had the original media, but have transitioned to selling emulated games in its PlayStation Store as well as offering the PlayStation Now cloud gaming service that allows PlayStation 3 games to be played on other devices including the PlayStation 4 and compatible personal computers. Microsoft has created a backwards compatibility program through emulation to allow selected Xbox 360 titles to be played on the Xbox One if they own the original game and have made some of these titles available for purchase through Xbox Live. Former console hardware companies such as Sega and Atari have released emulation-based collections of their games for multiple systems.
In the PC space, emulation of either a game engine or full operating system are available. In these cases, players are expected to own copies of the game to use the content files. DOSBox emulates a complete IBM PC compatible operating system allowing most games for older computers to be run on modern systems. Emulators also exist for older arcade games, such as MAME.
There are legalities related to emulation that can make it difficult to preserve video games in this manner. First, the legality of creating an emulator itself is unclear. Several United States case laws have shown that developing emulation is a legal activity as long as no proprietary information or copyrighted code is incorporated into the emulation.
Migration
Migration refers to re-releasing software from one platform to a newer platform, otherwise keeping all the gameplay, narrative, and art assets the same. This can be done through a few routes:- Game engine recreation: A new universal game engine can be developed that uses the original game assets but otherwise runs on any future hardware platform. Such examples include the Z-machine for many of the Infocom text adventure games, and the ScummVM allows players to run nearly every LucasArts adventure game.
- Software re-compilation or porting: The original source code for the game is re-compiled for a newer platform, making necessary changes to work on the newer hardware. This requires that the source code for the original game is available for this purpose. Many of the games published by Digital Eclipse are based on decompiling of the original game's code with approval of the copyright owner into their own Eclipse engine which allows for porting to any number of systems.
Abandonware
Legally, such software still falls under normal copyright laws; copyright only disappears over time depending on its copyright term, and even with shuttered companies, the copyright is an asset that often becomes owned by the liquidator of the closed company. Under the DMCA, the Copyright Office has made exceptions since 2015 for allowing museums and other archivists to bypass copyright issues to get such software into a playable state, a new exception seeks to allow this specifically for multiplayer games requiring servers, specifically massively-multiplayer online games.
Fan-driven efforts
In some cases, fans of a video game have helped to preserve the game to the best of their abilities without access to source code, even through the copyright nature of these fan projects are highly contentious, and more so when monetary issues are involved. Games like ' and ', which had difficult production issues before release, may leave unused assets to be found by players, and in the case of both these games, players have developed unofficial patches that work to complete the content, in some cases, exceeding expectations of the original content creators.Others
Source code for older games, before rights were strongly controlled by publishers, were often kept by the programmers themselves, and they may release those, or may be part of their estate after death. In one case, a lost Nintendo Entertainment System game, an earlier version of Days of Thunder by Chris Oberth, who had died in 2012, was recovered from source code on floppy discs from his work materials in 2020 by the Video Game History Foundation with permission of his family.Preservation of video game software has come through dubious routes. Notably, the source code for all of the Infocom text adventure games had been obtained by Jason Scott in 2008 via an anonymous user in the "Infocom drive", an archive file that represented the entirety of the Infocom's main server days prior to the company's relocation from Massachusetts to California in 1989. While Scott was aware this was akin to industrial espionage, he still had published the source code for the games for purposes of preservation. John Hardie of the National Videogame Museum had gone dumpster diving through the trash of shutdown companies to recover materials for his collection.
Preservation of video game hardware
While in most cases, digitizing the software for video games is sufficient for preservation, there have been enough unique consoles with limited production runs that can create further challenges for video game preservation as it is difficult to emulate its software. When hardware is in ready supply, white-hat hackers and programmers can freely tear-down these systems to analyze their internals for reverse engineering for preservation, but when systems are in limited supply, such tactics are not appropriate. These systems can also degrade as well. More often, broken or non-functional versions of older hardware can be acquired to demonstrate that such systems existed, but fail to work as a software preservation tool. For example, only one copy of the Super NES CD-ROM, a Sony-produced Super Nintendo Entertainment System with a CD-ROM drive, has been found out of an estimated 200 that were produced before Sony and Nintendo's deal changed. The unit was carefully repaired to be able to use the CD-ROM so that some functionality of its software could be verified and allow the few known software titles to be tested on it.Print media preservation
Box art and game manuals accompanied most games published before 2000, and there had been an extensive number of magazines published on video games which have since declined. There is a strong interested in the digital preservation of these materials alongside software and hardware as reference material to help document the early history of video games, which did not received the type of detailed coverage that the field sees as of the 2010s. In most cases, these works are preserved through digital scanning and storage from libraries and user collections.Preservation efforts
Library of Congress
The United States Library of Congress launched the National Digital Information Infrastructure and Preservation Program in 2000 to preserve non-traditional media. Around 2007, the LoC started reaching out to partners in various industries to help explore how they archive such content. The LoC had funded the University of Illinois at Urbana–Champaign from 2004 to 2010 to develop the ECHO DEPository program.Preserving Virtual Worlds
Preserving Virtual Worlds was one project funded by the LoC and conducted by the Rochester Institute of Technology, Stanford University, the University of Maryland, and theUniversity of Illinois at Urbana-Champaign, along with support from Linden Lab, running from 2008 to 2010. The study explored a range of games, from Spacewar! through Second Life, to determine what methods could be used for preserving this titles. The project concluded while there are technical solutions for preservation of game software, such as identify common formats for digital storage and developing database architectures to track ownership, many issues related to preservation remain legal in nature relating to copyright laws.