Retro Alert: 87% of Classic Video Games Could Soon Disappear

Retro Alert: 87% of Classic Video Games Could Soon Disappear

Classic games may be living on borrowed time following a decision by the United States Copyright Office that has alarmed retro gaming enthusiasts. The impact could jeopardize 87% of these titles, as their availability dwindles in stores, and video game libraries limit access to local use only.

The Video Game History Foundation (VGHF) has long advocated for an exemption to the Digital Millennium Copyright Act (DMCA), but this request has been denied. Such an exemption would align older games with the same treatment afforded to music and literature, allowing their preservation and broader access.

“For the past three years, the Video Game History Foundation has supported the Software Preservation Network (SPN) in petitioning for permission to allow libraries and archives to remotely share digital access to out-of-print video games in their collections,” the organization stated on its website.

Restrictions and Piracy
Current regulations prohibit users or libraries from bypassing protections that prevent game copying, even though pirates have consistently found ways to circumvent such measures.

Game piracy will remain targeted. The Video Game History Foundation vows to continue its fight. Shira Perlmutter, the U.S. Register of Copyrights, addressed the issue, stating, “Video game preservation advocates have failed to demonstrate that reproducing works to enable simultaneous use in software programs is feasible.”

Users must prove they will use copied games legally—a challenging standard. The Copyright Office remains unwilling to permit retro games to be duplicated, even for those no longer commercially available, putting more than two-thirds of classic titles at “critical risk of extinction.”

Modern Consoles Are Not Immune
The retro games at risk of disappearing are not necessarily ancient; many date back only to recent generations like the PlayStation 3 or Xbox One S/X. Console manufacturers and game developers appear poised to let most titles fade into obscurity as they shift focus to newer projects.

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