this post was submitted on 27 Oct 2024
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A three-year fight to help support game preservation has come to a sad end today. The US copyright office has denied a request for a DMCA exemption that would allow libraries to remotely share digital access to preserved video games.

"For the past three years, the Video Game History Foundation has been supporting with the Software Preservation Network (SPN) on a petition to allow libraries and archives to remotely share digital access to out-of-print video games in their collections," VGHF explains in its statement. "Under the current anti-circumvention rules in Section 1201 of the DMCA, libraries and archives are unable to break copy protection on games in order to make them remotely accessible to researchers."

Essentially, this exemption would open up the possibility of a digital library where historians and researchers could 'check out' digital games that run through emulators. The VGHF argues that around 87% of all video games released in the US before 2010 are now out of print, and the only legal way to access those games now is through the occasionally exorbitant prices and often failing hardware that defines the retro gaming market.

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[–] aeronmelon@lemmy.world 141 points 3 weeks ago* (last edited 3 weeks ago) (1 children)

“No! They’ll enjoy preserving our history to muuuch!!”

They know the dark secret of book preservation. The people preserving the books… gulp READ THEM!

[–] T156@lemmy.world 35 points 3 weeks ago* (last edited 3 weeks ago) (3 children)

Libraries facilitate widespread piracy of books, by allowing people to read them without a distribution licence, or even take them home!

This is a clear violation of the DMCA, and thus must be stopped immediately!

[–] aeronmelon@lemmy.world 26 points 3 weeks ago

I get the sarcasm even if others don’t.

Someone else on Lemmy said you couldn’t invent libraries today. It’s true.

[–] Trainguyrom@reddthat.com 11 points 3 weeks ago

There's a group called Improv Everywhere that used to do really creative flash mobs like the No Pants Subway ride where they would all claim to have forgotten to put on pants that day, or going into a cafe and lugging 90s desktops in and dialing in, or during the Great Recession they had a suicide jumper on a 2ft high ledge which they dramatically had to talk down.

They once tried to do a "writers against libraries" stunt but it ended up not being funny enough because people kinda went "oh yeah libraries are kinda weird in that they just give out books for free"

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[–] BudgetBandit@sh.itjust.works 93 points 3 weeks ago (1 children)

Well, time to finally make my own collection to play

[–] Pirky@lemmy.world 15 points 3 weeks ago (2 children)

That's what I've been doing. Been collecting various PS1-4 games on top of GameCube, Wii, and Switch games over the past year to rip and save digital copies for myself. Then I play them on emulators.
I have roughly a few hundred so far and plan to expand it further.
I have a NAS with two 8 TB drives in RAID to back them up and it's already over 50% full. I want to start collecting OG Xbox and 360 games in the near future, but I need to get jailbroken consoles for them.

[–] otp@sh.itjust.works 12 points 3 weeks ago (6 children)

two 8 TB drives in RAID to back them up

Obligatory "RAID is not a backup"

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[–] radix@lemmy.world 78 points 3 weeks ago (1 children)

Actually explains a lot of decisions by game publishers the last 5-10 years if their official position is that games are meant to collect dust on a shelf rather than being played.

[–] T156@lemmy.world 5 points 3 weeks ago (1 children)

You can't have criticisms about the game if you put it on a shelf instead of playing it.

[–] taladar@sh.itjust.works 5 points 3 weeks ago* (last edited 3 weeks ago) (3 children)

Sure you can, criticisms like "takes up too much shelf space" or "is too heavy for my shelf", "doesn't go with the color of my wallpaper behind the shelf".

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[–] SlopppyEngineer@lemmy.world 67 points 3 weeks ago (2 children)

They really want to force gamers to buy their new games which are pretty much like the old games but now with extra helpings of ads, gambling mechanics and micro transactions on top

[–] MudMan@fedia.io 14 points 3 weeks ago (3 children)

They really want to force gamers to buy the old games, just as they were, because those are next to free to adapt to a different platform and people will pay for them.

Not to be my usual old codger, but a lot of these game in questions were microtransaction-based to being with, in the very Farmville-y format of charging you a quarter for each set of three lives and then being ungodly broken and difficult to make sure those three lives didn't last any longer than a minute each and entice you to pay for three more.

This absolutely sucks, is based on unjustifiable logic and takes the side of business over a demonstrable common good, but let's not pretend the business logic behind it was invented in 2005. Game publishers have been game publishers longer than many of the nostalgic posters have been alive.

[–] Zagorath@aussie.zone 14 points 3 weeks ago (1 children)

I don't think we're talking about arcade games at this point though. We're talking to a large extent about 3rd–6th generation home gaming consoles. For Nintendo, that's the NES to GameCube. Sony entered with the PlayStation in the 5th gen, and Xbox came out in 6th.

I think a lot of people would see this (and to a slightly lesser extent the 7th gen) as the high point where games came out in a completed state and you paid once and the just enjoyed the game.

[–] MudMan@fedia.io 5 points 3 weeks ago (5 children)

Well, no, we're talking about everything. Everything before 2010, explicitly.

I would guess most people just fill in whatever moment of their childhood there was when they would buy a thing and enjoy a thing and not worry about it too much.

Me being me (see the old codger self-identification up there), I substitute in the late 80s and 90s, when I would plead and beg for coins to squeeze in another 60 second gaming session and then go on to save for months in order to get a lesser version of that same experience at home for anywhere between 60 and 90 bucks (140-220 adjusted for inflation).

In the grand scheme of my memories, the five years after arcades were relevant and before Microsoft started charging a monthly fee to play online and Facebook started a games division are too short of a blip to consider a golden age. My nostalgia is on ranting angrily about having to purchase Street Fighter 2 for the fourth time and having Capcom re-sell the PSOne version of Resident Evil a third time for the privilege of having added analogue stick controls.

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[–] zecg@lemmy.world 10 points 3 weeks ago

The stories have also gone downhill to accomodate new bastard genres with fomo shit

[–] DudeImMacGyver@sh.itjust.works 62 points 3 weeks ago (2 children)

Love how the people don't get represented or supported because of corporations and their insatiable greed.

[–] ipkpjersi@lemmy.ml 34 points 3 weeks ago* (last edited 3 weeks ago) (4 children)

The weird thing is, corporations can't even make any money from these older games. I guess they think that means people who can't play older games will just buy their newer garbage, and yet that's not how it works at all lol people just end up buying indie games instead these days.

[–] sneezycat@sopuli.xyz 18 points 3 weeks ago

It's about preserving the consumption culture for the mainstream. If playing older games for free was easier and legal, more people that now only play the newest AAA garbage would start doing it, and corpos don't want to risk that culture change, because if it gets big enough it would definitely impact their sales.

Unfortunately not many people know or care about indie games and free games like Beyond All Reason, Shattered Pixel Dungeon, etc. as is.

[–] DudeImMacGyver@sh.itjust.works 8 points 3 weeks ago (3 children)

They could and sometimes make a relatively small amount of money, but it's more about trying to legally protect their trademarks/intellectual property as I understand it. These days I'd much rather support an indie dev over a shitty "AAA" company for sure, tired of them price gouging people for games that aren't even that good.

[–] Jakeroxs@sh.itjust.works 5 points 3 weeks ago

Right, "if they can access the old games still, we can't pay a understaffed 3rd party a pittance to slap a coat of paint on it and resell it at full price"

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[–] CoffeeJunkie@lemmy.world 5 points 3 weeks ago (2 children)

Depending on marketing & their dedication to bringing it to market...again... they can & they do. Digitally. Nintendo has sold old video games on the Wii, Wii U platform. Then, they packaged & released the NES & SNES Classic consoles, very smart move actually & it was a cute product that appealed to many consumers.

Since then, Nintendo's greed has grown. They no longer sell because they don't want you to own copies of old videogames....they want to rent them to you by the month or year. Via Nintendo Online subscriptions, you can browse the whole catalog & play all kinds of old games. It requires a Switch, an internet connection, and don't forget that sweet, sweet Nintendo Online subscription. Once you've gotten your fix & you cancel your subscription, you own nothing & they've got your money. This is their goal, everything is going according to plan. Subscription models for endless reven on old games.

You will give them your money, you will own nothing, and you will be happy.

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[–] PunnyName@lemmy.world 47 points 3 weeks ago (1 children)

Well that's fucking stupid.

[–] Xeroxchasechase@lemmy.world 23 points 3 weeks ago (1 children)
[–] j4k3@lemmy.world 9 points 3 weeks ago

Corruption from potato supreme all the way down and back up to Orange Hitler

[–] drspod@lemmy.ml 45 points 3 weeks ago

🐶 NO PLAY

🐶 ONLY BUY

[–] alphabethunter@lemmy.world 40 points 3 weeks ago (2 children)

They can dick about as much as they want, piracy will make sure to preserve the things they want gone. The reason they don't want older games to be preserved is that new generations, whilst playing them, may come to realize that you don't need gacha mechanics, stupid fomo, micro transactions, 6 different currencies, 3 different shop menus, 2 battlepasses and so forth to have a good game.

[–] ArtVandelay@lemmy.world 23 points 3 weeks ago (4 children)

Imagine Beethoven refusing to release his catalog of works because people might stop listening to newer music. Gg capitalism.

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[–] RVGamer06@sh.itjust.works 23 points 3 weeks ago (1 children)

I wonder if the EU can somehow prevent DMCA being applied to European internet users.

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[–] Etterra@lemmy.world 22 points 3 weeks ago

You haven't sold this game in 30 years - why do you fucking care you drooling troglodite?

[–] YeetPics@mander.xyz 18 points 3 weeks ago* (last edited 3 weeks ago) (1 children)

I don't think I'll ever buy a game from a AAA publisher again,they can't be trusted and the quality of their goods has fallen sharply the last few years.

Smaller dev teams have better/more interesting IP AND seem to care what I think as their end user.

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[–] Jarix@lemmy.world 16 points 3 weeks ago (1 children)

If im reading it correctly only the sharing is prohibited not the preservation.

I can live with that and fight again another day. As long as they still exist in an archive they will see the legal light of day someday(im being optimistic)

The high seas will take care of retro gamers who want to play them im sure, as Gaben says piracy is a service issue.

[–] III@lemmy.world 6 points 3 weeks ago

Given the industry's "you aren't buying, you are renting" mentality.... very, very optimistic.

[–] Comment105@lemm.ee 15 points 3 weeks ago (1 children)

Publishers are absolutely terrified "preserved books would be used for recreational purposes," major book burnings ordered by federal court to be carried out in every state..

[–] III@lemmy.world 8 points 3 weeks ago

The book industry will be doing this with digital copies if they haven't already.

[–] Mango@lemmy.world 15 points 3 weeks ago (1 children)

Well isn't it just convenient that I don't give a damn what the US copyright office thinks?

[–] dotslashme@infosec.pub 14 points 3 weeks ago

Guess I'll have to start hoarding games now

[–] VerilyFemme@lemmy.blahaj.zone 13 points 3 weeks ago

God forbid we... checks notes preserve games so we can play them?

[–] yamanii@lemmy.world 12 points 3 weeks ago

I guess people rent movies and books because they hate them!

[–] repungnant_canary@lemmy.world 10 points 3 weeks ago

How dare people use games for recreation! Why would they not think about the shareholders!

[–] HowManyNimons@lemmy.world 6 points 3 weeks ago (2 children)

When they kill the games, they no longer make money on them. So playing without paying is not a lost sale, even if the player is corrupt enough to enjoy playing. So there's no problem yeah?

[–] III@lemmy.world 6 points 3 weeks ago

This reeks of selling games on a "pay per new game save" kind of move. If "replay" is a threat, how long until they move to eliminate that?

[–] BallsandBayonets@lemmings.world 5 points 3 weeks ago

Why play old fun games, when you could subscribe to the latest bland live service FOMO skinner box masquerading as a game?

I don't know where this industry is headed but it isn't to a good place.

[–] evilcultist@lemmy.world 5 points 3 weeks ago

Don’t let them hear why a lot of people go to museums.

[–] Draegur@lemm.ee 4 points 3 weeks ago (1 children)

Someone's got to do something about these fucking chicken shit publishers. I think it's time for the industry to move on without them. Everything can be self published now. We have the technology.

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[–] Sam_Bass@lemmy.world 4 points 3 weeks ago

the plastic cases dont need preserving, just the data.

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