Russ Frushtick, a Contributor at Polygon, joins The Vergecast to discuss the challenges of preserving and emulating video games, including the legality and ethics of emulating ROMs, resource-heavy games, and the debate over experiencing games as they were in the past versus modernization. They also explore the legal issues surrounding emulation and video game preservation, the selling points of Nintendo Switch Online, and the importance of prioritizing the preservation of old games.
Preservation of video games is crucial to understanding the history of the medium and efforts should be made to prevent the loss of important cultural artifacts.
The process of preserving and emulating older video games faces challenges due to legal complexities and the prioritization of creating new games and generating profits.
Public libraries have the potential to become stewards of video game preservation, offering organized access to older games and ensuring their longevity for future generations.
Deep dives
Preserving video games as historical artifacts
Preservation of video games is crucial to understanding the history of the medium. Similar to the early days of the film industry, many games from the past have been lost due to lack of preservation efforts. The video game history foundation focuses on preserving games and providing context to understand their significance in the broader cultural landscape. While there is a debate about whether games should be preserved as they originally were or if they should be updated for modern platforms, the goal is to ensure that these important pieces of history are not lost forever.
Challenges of game preservation and emulation
The process of preserving and emulating older video games faces numerous challenges. Many game companies struggle with legal complexities, including ownership rights, making it difficult to bring these games back to modern platforms. Additionally, the focus on creating new games and generating profits often takes precedence over preserving older games. Emulation, while convenient, is an informal and unsustainable method that relies on the availability of ROMs and can result in games being lost over time.
The need for a centralized platform and accessibility
Creating a centralized platform, akin to Spotify for video games, has been proposed as a potential solution. However, due to legal challenges and the difficulties in obtaining permissions for a vast catalog of games, this remains largely unfeasible. Despite the popularity of emulation, accessing games through official means is limited, with inconsistent availability and complex legal considerations. The lack of an easy and legal tool for mainstream access to older games hinders preservation and widespread enjoyment.
The role of public libraries and curated services
Some suggest that public libraries could become stewards of video game preservation, offering both historical preservation and curated accessibility. Libraries have the potential to provide organized access to older games, ensuring their longevity and availability to future generations. While challenges such as copyright issues and curation remain, this model offers a more sustainable and regulated approach to the preservation and accessibility of video game history.
The Legalities of Emulation and ROMs
Emulation is generally considered lawful as it does not involve actual copying. However, distributing and selling ROMs is illegal due to copyright infringement. There is a need to fix the broken copyright system, as discussed by many experts in the podcast. Suggestions include updating federal regulations, allowing access to game backups for personal use, and creating a system where abandoned games become part of the public domain after a certain period. The podcast also explores the potential impact of preserving old games and the challenges faced in making them accessible while still compensating the creators.
The Need for Preservation and Access
While there is a desire to preserve and access old games, the current system lacks clarity and options. There is a need for better solutions beyond piracy and ROMs. Suggestions include making changes to copyright regulations to allow libraries to distribute games for free or offer affordable options. The challenge lies in finding a balance between artistic preservation, public access, and the financial viability of preserving games beyond the most popular titles. The analog hardware company serves as an example of a successful niche market that operates within legal boundaries while catering to the preservation and accessibility of older games.
In episode two of our gaming mini series, The Verge's David Pierce chats with Polygon's Russ Frushtick and Chris Plante about the obstacles around both preserving and emulating video games from discontinued hardware.