The Gaming Industry and Legacy: 5 Ways to Preserve Games

Contents:

• Programmed Destruction of Game Services
• The Closing of the eShop: An Important Step in Nintendo's History
• The Battle with Emulators: Legal Consequences and the Future of the Gaming Industry
• Defensive Arguments: ESA's Positions and Their Justification
• The Alexandria Libraries and Contemporary Gaming Culture
• "Preserving Gaming Heritage: Don't Allow Games to Be Destroyed!"

The Programmed Destruction of Games-as-a-Service

Ross Scott is a popular YouTuber and the owner of the channel Accursed Farms, who initially gained fame for his machinomy series "Freeman's Mind." In recent years, his channel's content has evolved, and Ross now actively discusses retro games and raises important issues related to the preservation of gaming heritage. His analytical videos and deep reflections on old games engage his audience and contribute to understanding the value of video games as art.

Scott began his campaign to protect gaming heritage in 2019 with the release of a video titled "Games-as-a-Service Are a Scam." This video became the basis for his critique of modern business models in the gaming industry, focusing on problems related to the loss of value in games and the manipulation of players. Scott raises important questions about how game companies are using subscription models and microtransactions, which negatively impact player experiences and undermine classic video game concepts.

Games-as-a-service are distinguished by several key characteristics, such as a persistent online connection, the presence of microtransactions, season passes, and regular content updates. These elements allow developers not only to retain player interest over a long period of time but also to generate stable revenue even after the game's official release. Constant interaction with players through updates and new events helps build an active community and increases user engagement.

Fortnite is a prime example of the successful implementation of the update model. In 2023, the game again attracted a record number of users thanks to regular updates and the introduction of new content. This confirms that continuous development and adaptation to audience demands play a key role in retaining players and increasing their numbers.

Not all games-as-a-service necessarily include all of these elements. The key difference is that access to the game is controlled by the publisher, not players. Scott emphasizes: "Games-as-a-service is a business practice in which players have no control over access to the game." This highlights the importance of understanding the publisher's role in the games-as-a-service ecosystem and how it impacts gameplay.

To further understand the concept, it's worth comparing games-as-a-service like The Crew to single-player games like the Dark Souls trilogy. In Dark Souls, multiplayer is important, but players can successfully complete the game even if the servers are down. In contrast, shutting down the servers for The Crew completely prevents players from accessing the game. This highlights the importance of the online component in games-as-a-service and their dependence on server infrastructure, while single-player games offer a more autonomous gaming experience.

Scott raises an important issue about the deception associated with games-as-a-service. Game companies present their products as commodities, but in reality they only offer licensed access, which gives them the right to remove access to the game at any time. This calls into question the true ownership of digital games and necessitates a rethinking of licensing and consumer rights in the video game industry.

Despite the fact that single-player games do not rely on servers, they can still disappear for various reasons. For example, Team Fortress 2, released in 2007, continues to attract players and function, while the online shooter LawBreakers became unavailable just a year after its release. This highlights that the lifespan of games can depend not only on quality and popularity, but also on the support of developers, marketing, and gaming communities. It's important to remember that even successful games can encounter problems that lead to their closure.

Scott argues that games-as-a-service have, from the outset, incorporated mechanisms that allow developers to shut down a project when it loses profitability. This raises serious questions about the future of digital games and their accessibility to users. Given the growing popularity of games-as-a-service, it's important to understand how such decisions could impact the gaming community and content diversity. Developers must consider player interests to ensure the long-term viability of their projects.

Finally, it's important to emphasize the need to change the approach to games and licensing to protect consumer rights. Games must remain accessible for future generations, which requires proactive action from both the community and the industry as a whole. Sustainable gaming practices and respect for user rights will help preserve the rich heritage of video games and ensure their availability in the future.

eShop Closure: A Major Step in Nintendo's History

In March 2023, the eShop for the Wii U and 3DS consoles was closed, as announced by Nintendo in February 2022. As a result of this event, users can now only download games that they have previously purchased. This event highlights the end of an era for these consoles and their gradual displacement from the market. The closure of the eShop also calls into question the availability of content to players, which may affect interest in these platforms.

Nintendo explained the closure of the eShop as a natural cycle of technological development. It is important to note that the eShop included the Virtual Console, which since 2006 allowed players to enjoy classic games from Nintendo consoles, as well as other manufacturers such as Sega and Commodore. This service has become an important part of Nintendo's legacy, providing access to iconic games and helping to preserve them for a new generation of gamers.

The transition to Nintendo Switch Online resulted in the loss of approximately 300 games, disappointing many retro gaming fans. This situation highlights the importance of preserving gaming history and ensuring access to classic games. With the growing interest in retro games, it is necessary to discuss ways to preserve them and make them available to future generations of players.

Nintendo is not alone in facing issues related to digital storefront closures. In 2021, Sony intended to close its digital storefront for the PlayStation 3, Vita, and Portable consoles. However, thanks to active community efforts, users were able to maintain access to the stores for PlayStation 3 and Vita. This situation highlights the importance of interaction between companies and players, as well as the significance of digital platforms in preserving gaming history.

Sony continues to face significant issues related to user access to PlayStation 3 and Vita accounts. Since the introduction of new security measures in 2016, many console owners have been unable to access their accounts. It wasn't until 2022 that the company released an update that allowed new accounts to be created, a long-awaited solution for users. Such difficulties highlight the need to improve security and the player experience on Sony platforms.

Microsoft is actively supporting change in the gaming industry. In July 2024, the company closed the Xbox 360 digital store, marking a significant step in the platform's evolution. Previously, in 2013 and 2021, Microsoft removed a number of classic games from the Xbox Live Marketplace catalog, including Marvel vs. Capcom 2 and Forza Motorsport 7. These actions highlight the company's desire to adapt to modern market demands and change its approach to digital content.

Game publishers are not obligated to support legacy e-commerce sites, especially for consoles that have been out of production for many years. However, this does not relieve them of their responsibility to preserve access to gaming heritage. Ensuring the availability of classic games and supporting older platforms play an important role in preserving the history of the gaming industry. Players should be able to enjoy their favorite games, regardless of when they were released. Therefore, publishers should consider preserving and updating their libraries to prevent the loss of cultural heritage.

Emulators are programs that allow you to run games from legacy gaming platforms on modern devices. This opens up new horizons for gamers, allowing them to relive classic gaming moments. Emulation has made it possible to re-release beloved games, as well as create platforms like Virtual Console and Nintendo Switch Online that provide access to a vast library of retro games. Thus, emulation not only preserves gaming heritage but also expands the gaming experience for modern gamers.

Emulation allows for the play of games like Silent Hill, which were originally released for specific consoles. It's important to note that many gaming companies restrict the use of emulators for their products, which can raise legal and ethical concerns. Emulation opens up access to classic games, allowing players to enjoy them on modern devices, but licensing agreements and copyrights should always be considered.

The closure of the eShop not only symbolizes the end of operations for certain consoles, but also sends an important signal to the entire gaming industry about the need to preserve gaming heritage. This underscores the importance of ensuring access to classic games that shaped the history of video games and remain significant to fans of the genre. Preserving archives and access to old games must be a priority so that new generations of players can experience the richness of gaming culture.

The Battle with Emulators: Legal Consequences and the Future of the Gaming Industry

In April 2021, the video game industry was rocked by the news of Gary Bowser, a member of the hacker group Team Xecuter. Nintendo filed lawsuits against him for $14.5 million, accusing him of illegal activity related to hacking console systems. This case set an important precedent for intellectual property protection and anti-piracy efforts in the video game world, highlighting the serious consequences for those who circumvent security mechanisms.

Bowser, whose last name evokes the famous Mario villain, pleaded guilty to illegally hacking and distributing modified consoles. The court sentenced him to 40 months in prison, but he was released after 14 months for good behavior. He will also be required to pay 25-30% of his earnings to Nintendo, effectively condemning him to lifelong financial obligations. This case highlights the importance of protecting intellectual property and enforcing laws in the video game industry.

While piracy does cause significant losses to game developers, the $14.5 million figure seems excessive, especially given Nintendo's reported profit of $1.85 billion for the first half of 2023. It's also important to consider the situation with emulators, which allow users to run games on various platforms. Emulators can be both legal and illegal, depending on how they are used and what games they run. This raises questions about copyright and the legality of the content accessed through such programs. Developers and copyright holders strive to protect their intellectual property, making the topic of piracy and emulators particularly relevant in the modern gaming landscape.

In March 2024, Tropic Haze announced the closure of Yuzu, a well-known Nintendo Switch emulator, paying $2.4 million in damages. The main reason for the closure was difficulties with the launch of pirated copies of games, including The Legend of Zelda: Tears of the Kingdom, which was leaked online ten days before its official release. This decision highlights the importance of copyright protection and the fight against illegal distribution of content in the gaming industry.

The shutdown of Yuzu also affected Citra, an emulator for the Nintendo 3DS, which was under threat due to copyright infringement under the Digital Millennium Copyright Act (DMCA), passed in 1998. This law provides copyright protection for digital works, including video games. As a result, DMCA actions are affecting the development and availability of emulators, causing concern among players and developers.

The DMCA offers exceptions for certain categories of works, but this exception for video games was repealed in 2010. This change was made possible by the efforts of the Entertainment Software Association (ESA), an influential organization that represents major game developers. The repeal of exceptions created stricter copyright protection for video games, significantly impacting the industry and its participants.

The ESA has been a vocal advocate for the gaming industry, rejecting proposals to introduce exceptions for unavailable games. In 2014, the Electronic Frontier Foundation proposed allowing the use of unofficial servers for legacy games, but the ESA opposed this, arguing that all games can be restored in digital format. This position by the ESA underscores their commitment to maintaining control over game content and protecting developers' rights, despite growing player demand for access to classic games.

The Gary Bowser case and the closure of emulators like Yuzu and Citra highlight the important conflict between copyright protection and player access to gaming heritage. This event raises questions about how emulation technologies will develop in the future and what measures are needed to preserve classic games for future generations. Emulation plays a key role in accessing historic video games that may be unavailable on modern platforms. Therefore, it is important to consider how legal and technical aspects will impact the preservation of cultural heritage in the gaming industry.

Arguments for Defense: ESA Positions and Their Rationale

In 2021, the Entertainment Software Association (ESA) made a significant statement regarding the impact of emulators on economic competition in the gaming industry. This statement became a key moment in the discussion of gaming heritage preservation and intellectual property protection. Emulators, which allow old games to run on modern devices, spark debate about the legality and ethics of their use, highlighting the need to balance the preservation of historical games with the interests of developers. Thus, the discussion of the role of emulators in the gaming industry continues to be relevant and important for the future of gaming heritage.

ESA submitted detailed comments to the Library of Congress, emphasizing that gaming companies are actively engaged in protecting their heritage. This statement attracted attention and sparked discussion among experts and gamers, highlighting the importance of preserving historical content in the gaming industry.

Some initiatives announced by the ESA do represent significant steps towards preserving classic video games. Here are a few examples of such initiatives that highlight the importance of preserving gaming heritage and its impact on the modern industry.

• Backward compatibility, which allows retro games to run on modern Xbox consoles.
• The release of retro consoles such as the PlayStation Classic and Sega Genesis Mini, which offer pre-installed classic titles.
• The relaunch of World of Warcraft in the Classic version, including the original game and expansions such as The Burning Crusade.
• The release of remasters and enhanced editions of popular games on new platforms.

Critics say the ESA's arguments aren't entirely convincing. All proposed measures often hinge on the financial interests of companies. If the costs of implementing them exceed the expected benefits, there is a risk of their cancellation.

The Virtual Console, mentioned by the ESA in its comments, serves as a prime example of the potential fate of digital gaming services. Similar risks could threaten platforms such as Nintendo Switch Online or Xbox Backward Compatibility. If these services cease to be profitable, there is a risk of their closure. This underscores the importance of the sustainability and financial viability of digital offerings in the gaming industry.

Recently, there has been a trend of restricting access to new games. For example, in May 2024, Sony announced that the co-op shooter Helldivers 2, which had been released just three months earlier, required a tie-in to the PlayStation Network. This decision affected players in 170 countries, who were unable to play the game they had already purchased. Actions like these are causing discontent among gamers and raising questions about the accessibility of digital content.

While Sony ultimately reversed its decision under community pressure, the situation with Helldivers 2 highlights the impracticality of relying on game companies to preserve their legacy. Gamers must be vigilant and proactive in protecting their interests to avoid potential negative consequences and maintain access to the games they love. It is important for players to remain engaged and demand transparency and accountability from developers regarding their projects.

The Alexandrian Libraries and Modern Gaming Culture

The Library of Alexandria, once the greatest repository of knowledge of the ancient world, has been subject to destruction over the centuries. Today, unlike in previous eras, modern game companies are using more thoughtful and effective methods of protecting their assets. These approaches include the use of encryption technologies, digital rights management systems, and other measures that help preserve intellectual property and prevent unauthorized access. Thus, modern companies strive to protect their work and ensure the security of content in the ever-changing digital world.

Libraries and museums are currently actively collecting retro game and console collections, demonstrating the importance of preserving digital heritage. In 2017, the Video Game History Association donated over 2,500 cartridges and game consoles to the Library of Congress, underscoring the importance of such initiatives. Preserving historical gaming artifacts not only allows for the study of the development of video games but also contributes to their cultural value. Interest in retro games continues to grow, making them a significant element in the study of the history of digital art and technology.

The question of how to research rare video games remains relevant, especially given the limited access to such treasures. Kelsey Levin, former director of the Video Game History Foundation, emphasized that the only way to legally experience video games in museum collections is to visit the storage facility and play them on-site. This raises important questions about the preservation and accessibility of digital heritage, as well as how museums can improve access to their collections for researchers and video game enthusiasts. Unlike rare books, which can be requested and obtained electronically, access to video games requires specialized equipment. Sometimes, this requires functioning servers. This makes video games less accessible than literature, as users must invest in the appropriate devices and infrastructure for a full gaming experience. Emulators and private servers can be an effective solution for providing access to classic games for research purposes. However, the Entertainment Software Association (ESA) remains strict on this issue. The ESA emphasizes the importance of copyright protection and compliance with licensing agreements, which creates certain barriers to the use of emulators for scientific and educational purposes. Despite this, the need for access to historical games for research and cultural preservation remains pressing.

In 2015, Michael Gallagher, president of the Entertainment Software Association (ESA), used the game Myst as an example to illustrate the association's position. The ESA believes that the distribution of games like Myst represents an alternative that could threaten the commercial interests of copyright holders. This underscores the importance of protecting intellectual property in the gaming industry and the need to respect the rights of creators.

This policy creates artificial scarcity, which fuels demand for subsequent re-releases and remasters. This phenomenon can be illustrated by the examples of such well-known games as Grand Theft Auto and Resident Evil. Such strategies allow companies to effectively manage the market and player expectations, increasing interest in their products.

Scarcity strategies are used not only in classic games but also in modern games-as-a-service. In Fortnite, for example, regular content updates create a sense of uniqueness and encourage purchases, as players are afraid of missing out on valuable opportunities. Such approaches promote audience retention and stimulate user activity, which is a key aspect in the successful monetization of gaming projects.

Companies such as Sega are deciding to remove old, unsuccessful games from digital storefronts. This move is aimed at increasing the value of their brands, although it also attracts interest from historians and video game fans. Removing such games may help improve the company's image and focus attention on more successful projects, but it also deprives fans of the opportunity to learn about the history and evolution of games.

The pursuit of profit is a natural goal for many companies, but such actions often lead to the loss of historical heritage. This causes negative reactions from both players and collectors who value the uniqueness and cultural significance of items. It's important to balance commercial interests with preserving historical value to satisfy audience demand and maintain interest in the product.

When your favorite game goes off the shelves, it's important to remember that this may be part of a publisher's strategic plan, not a random event. Publishers often make such decisions to manage demand, update content, or prepare new versions for release. This may also be due to licensing, content rights, or preparations for a sequel. Therefore, if your game is unavailable, it's worth keeping an eye on the developers for updates, as it may return to the market or receive an update in the future.

"Preserving Gaming Heritage: Don't Let Games Be Destroyed!"

In today's reality, video games are becoming an important part of cultural heritage. However, many gaming companies consider preserving their heritage impractical, which leads to the suppression of initiatives to protect it. Players have the opportunity to demonstrate their interest in preserving gaming heritage, which is truly significant. Preserving video games not only supports cultural diversity but also helps future generations understand the evolution of the gaming industry. Interest in this issue should spur companies to rethink their stance and take proactive steps to preserve their games.

Ross Scott, a popular vlogger and creator of the Accursed Farms channel, launched the Stop Killing Games campaign in April 2024. This initiative arose in response to the closure of the multiplayer game The Crew. Ross opposes the closure of games, emphasizing the importance of supporting gaming communities and maintaining online interaction. The campaign has attracted the attention of players and developers seeking to preserve access to their favorite games and prevent the disappearance of multiplayer worlds.

The goal of this campaign is to collect petitions to address government agencies in different countries in order to hold Ubisoft accountable. We strive to achieve the passage of a law that will oblige developers to keep their games available even after their official support ends. This is important for protecting players' rights and ensuring long-term access to content.

Scott does not seek to solve all the issues related to the protection of gaming legacy. He does not advocate for the legalization of third-party emulation or the creation of private servers. His main goal is to ensure that players can continue to enjoy the games they have already purchased, even if this is only possible in a limited format.

For The Crew, it would be enough to provide access to the single-player mode that was available in the original version. In multiplayer shooters, the ability to play over a local network is an important feature. This allows players to enjoy the gameplay with friends, significantly improving the overall experience and interaction between players. The gaming industry has seen successful examples of open source code. CCP, the developer of EVE Online, recently announced the release of the source code for its Carbon game engine. Studio director Hilmar Pétursson noted that this move will significantly improve the long-term sustainability and development of EVE Online. Opening the code can attract a community of developers and players, which in turn will create new opportunities to improve and expand the gameplay.

In 2018, Microsoft and Mojang took an important step toward preserving the game's legacy by making Minecraft's core code publicly available. This decision significantly simplified the work of modders, giving them the opportunity to create and implement a variety of modifications. Players were given the opportunity to run any version of the game and rent their own servers, which contributed to the development of the community and increased the popularity of Minecraft. Open access to code also opened new horizons for creativity and innovation in the world of Minecraft, allowing players to realize their ideas and share them with others.

Some developers are taking a step towards players by releasing their old games openly. For example, in 2020, Remedy Entertainment made its first game, Death Rally, available for free. In 2022, Hello Games offered remasters of the Joe Danger series to a wider audience. These actions demonstrate how developers value their fans and strive to maintain interest in classic games.

Despite the fact that developers often have no intention of continuing to support closed multiplayer projects, players find ways to enjoy them. A striking example are private servers for World of Warcraft, which allow users to continue playing even after the official closure. It is also possible to play the original version of Warcraft 3 using local network emulators, which offers a chance to relive nostalgic moments and immerse yourself in a familiar atmosphere. Such alternative solutions maintain interest in classic games and support an active player community.

Ross Scott does not set unrealistic goals. It is important to understand how the authorities will react to his initiative and to what extent gaming companies will actively protect their interests. The success of his endeavors largely depends on interactions with government agencies and the influence of the video game industry on decision-making.

Currently, Scott has only limited reasons for optimism. He initiated petitions in important countries and received several responses, but most of them are standard formal replies.

Recently, two members of the European Parliament expressed their support for this initiative, but both lost their positions in the elections. This circumstance makes it difficult to continue supporting the initiative in the future.

Ross Scott is trying to get a clear answer from publishers and government organizations that protect consumer rights regarding the fact that video games are a service. He argues that publishers have the right to restrict access to their content at any time. Ideally, Scott hopes that publishers will offer players the opportunity to continue enjoying existing games even after support is discontinued. This is important to ensure consumer rights and preserve players' investment in video games.

At the end of July 2024, a new petition was launched as part of the European Citizens' Initiative. The goal of this initiative is to collect 1 million signatures from European Union citizens within one year. If the petition reaches the required number of signatures, the European Commission will be able to develop new legislation. This initiative gives citizens the opportunity to influence legislative processes in the EU and express their opinions on important issues.

Despite the complexity of the task, the success of the Stop Killing Games campaign will be a significant step towards the gaming industry starting to take a more responsible attitude towards its heritage. This will help preserve and respect the cultural values ​​associated with video games, and also draw attention to the need to protect and restore classic games. Supporting this initiative is essential to shaping the future of the gaming industry, one that respects its history and achievements.

Games are an important part of culture, and their preservation should be a priority, not dependent solely on publishers. Experience shows that relying solely on publishers in this matter does not produce positive results. Preserving games is essential for future generations to appreciate and explore the cultural heritage they represent. It is necessary to create resilient mechanisms for the protection and recovery of games to ensure their availability and integrity in the long term.