U.S. Copyright Ruling: A New Challenge for Digital Preservation Across Industries

Why Access to Digital Archives Matters Across Industries—from Gaming to Healthcare

In October 2024, the U.S. Copyright Office rejected an exemption to the DMCA that would have allowed institutions to break copy protection on out-of-print video games for research purposes. This decision, led by the Video Game History Foundation (VGHF), is a significant setback in the broader context of digital preservation and access. While this ruling specifically impacts video game archives, it could have implications beyond the gaming world, affecting industries such as healthcare, education, and technology.

The VGHF, alongside the Software Preservation Network, has been advocating for the right to preserve and remotely share out-of-print games with researchers. However, the Copyright Office ruled against this, citing a lack of fair use justification and the absence of clear guidelines on user verification. This decision reflects the legal complexities of providing remote access to digital archives, especially for industries that rely on shared data and historical content.

Implications for Healthcare and Beyond

While seemingly distant from the world of video games, this decision is relevant to healthcare, where access to digital records, case studies, and training resources is vital. Here are some potential takeaways for professionals working in healthcare and related fields:

1. Limited Remote Access for Education and Training: Just as libraries face barriers in sharing video game archives remotely, healthcare training may face restrictions in sharing digital case studies or historical medical data, especially when such data is protected by copyright or data protection laws. This could complicate remote training and telehealth programs, both of which rely on accessible data.

   
   

2. Challenges for AI Training and Emerging Tech: For healthcare and other data-driven industries, restricted access to large datasets impacts training for AI, machine learning, and VR-based simulations. The limits imposed by copyright and anti-circumvention rules could inhibit innovation, potentially delaying advancements in areas like diagnostics, patient care, and virtual training solutions.

   
   

3. Digital Preservation and Compliance: This decision highlights the importance of understanding copyright compliance while working with archived digital data. In healthcare, where sensitive information is paramount, navigating copyright rules for digital preservation—especially within virtual training or consulting environments—could become more complex.

   
   

4. The Role of Advocacy in Shaping Policy: VGHF’s ongoing advocacy underscores the importance of lobbying for fair access across industries. Advocacy could be crucial for healthcare organizations that rely on historical data to seek copyright and access exemptions, especially for educational purposes.

   
   

Conclusion

The copyright decision against the VGHF serves as a reminder that industries reliant on digital data access and preservation—be it gaming, healthcare, or academia—need to remain vigilant about evolving copyright laws. For professionals in healthcare consulting, training, and research, understanding these challenges is essential to ensuring compliance and advocating for a legal framework that aligns with the modern data-driven landscape. As industries push for remote access to vital data, the need for balance between copyright protections and data accessibility will only grow.

---

To read the Inside Gaming article: https://insider-gaming.com/video-game-preservation-effort-us-copyright/ To read the US Copyright Office Retort: https://public-inspection.federalregister.gov/2024-24563.pdf

---