Let's talk about how we think copyright should work

[hanselthecaretaker]

Public domain doesn't fix game preservation. It's a bigger problem now with more games being sold on online stores that come with periodic checks. There's nothing to compel the publisher to remove DRM, and there's nothing preventing them from shutting down the authentication server or taking your licenses away.

Of course you can crack the game without any legal repercussions now, but there's only a few people in the world who can do so and fewer who are interested. There is the trend of DRM becoming more sophisticated, so a possible outcome is you have huge libraries of free games to share and download, but never run.

The hardware issue is similar. An authentic experience with a refurbished console is not feasible due to the upfront cost of chip fabrication. That leaves only emulation, but there's nothing to compel console manufacturers to release source code or divulge trade secrets. There's the trend of console emulation becoming more difficult, so you may end up with emulation projects that never go anywhere.

So basically what needs to happen is a software preservation board needs to be created, and they need to vote on which titles are deemed worthy. Kinda like R&R Hall of Fame or something. Then their decision and the title’s inclusion automatically should supersede any intellectual property rights to it, since it would now be protected by a greater entity. Hell if anything, any game that makes it in would probably exponentially increase its value so it wouldn’t even matter what these companies charge for it digitally. And if they don’t have a digital store front with the titles available, it’s their loss and no one can be held liable for emulating them.

 

[Gergar12]

I just know that the balance of power too heavily favors copyright over creative content. Look at Youtube, Twitch, where anything and everything gets taken down despite free use.

 

[I can't enter my old name]

So basically what needs to happen is a software preservation board needs to be created, and they need to vote on which titles are deemed worthy. Kinda like R&R Hall of Fame or something. Then their decision and the title’s inclusion automatically should supersede any intellectual property rights to it, since it would now be protected by a greater entity. Hell if anything, any game that makes it in would probably exponentially increase its value so it wouldn’t even matter what these companies charge for it digitally. And if they don’t have a digital store front with the titles available, it’s their loss and no one can be blame for emulating them.

My idea would be to have a consumer protection law that says after X years, if you ask a company for an activation key they would be required to send it to you. If the key is not enough, because for example the authentication server was shut down, then they would have to give you the unprotected executable. This is not a big ask for the company because all they have to do is fetch it from their archives and email it to you.

The hardware issue is tougher, but I'm sure there's lots of solutions. For example you could force companies to guarantee software will reasonably run after X years. You could subsidize manufacturing console chips, which would be a waste of taxpayer dollars but that would work. You can have the government seize intellectual property like you said, I'm not really sure the legality or the ramifications but that would work too.

 

[hanselthecaretaker]

My idea would be to have a consumer protection law that says after X years, if you ask a company for an activation key they would be required to send it to you. If the key is not enough, because for example the authentication server was shut down, then they would have to give you the unprotected executable. This is not a big ask for the company because all they have to do is fetch it from their archives and email it to you.

The hardware issue is tougher, but I'm sure there's lots of solutions. For example you could force companies to guarantee software will reasonably run after X years. You could subsidize manufacturing console chips, which would be a waste of taxpayer dollars but that would work. You can have the government seize intellectual property like you said, I'm not really sure the legality or the ramifications but that would work too.

What makes it complicated is who should retain the IP rights and for how long, especially after it may no longer commercially available. That’s where an independent, perhaps nonprofit organization would come into play to protect these pieces of entertainment history. First it’s a matter of setting up who decides what should fall under rights to protection, and it would make most sense being left up to an annual vote for new entries or something.

 

[Drathnoxis]

My idea would be to have a consumer protection law that says after X years, if you ask a company for an activation key they would be required to send it to you. If the key is not enough, because for example the authentication server was shut down, then they would have to give you the unprotected executable. This is not a big ask for the company because all they have to do is fetch it from their archives and email it to you.

The hardware issue is tougher, but I'm sure there's lots of solutions. For example you could force companies to guarantee software will reasonably run after X years. You could subsidize manufacturing console chips, which would be a waste of taxpayer dollars but that would work. You can have the government seize intellectual property like you said, I'm not really sure the legality or the ramifications but that would work too.

I would have no faith in any law that expects any company to still exist after X years.

 

[McElroy]

While 10 or 15 years might sound good, I think it would incentivise small creators to sell off their stuff asap to larger IP owners, because they can milk it dry faster. I think 40 years after publication should be ok. Let's plays and streaming stuff should be available by default for interactive media, but the rights holder can narrow it down if they want to, but the announcement (and subsequent PR damage) should be on the online store pages or otherwise unmissable.

 

[I can't enter my old name]

What makes it complicated is who should retain the IP rights and for how long, especially after it may no longer commercially available. That’s where an independent, perhaps nonprofit organization would come into play to protect these pieces of entertainment history. First it’s a matter of setting up who decides what should fall under rights to protection, and it would make most sense being left up to an annual vote for new entries or something.

You have to ask whether you want a curated museum where everything is in glass boxes, or libraries run by communities where everyone can borrow and copy games freely and not just publicists and researchers. If it's a non-profit organization like the R&R Hall of Fame, it's definitely going to be the former.

Nintendo and Sony would already be out, they're not giving games or emulators to this organization when they can sell their games with their proprietary and hardware locked emulators (but they are preserving some games I guess). This would work if the organization could pay huge amounts for the rights and subcontractors to develop open source emulators.

I would have no faith in any law that expects any company to still exist after X years.

Whoever owns the copyright after the company was liquidated will give you the keys. Once the law kicks in the game becomes de facto shareware, so it's not like 100 years later you still have to ask for a key. If it becomes abandonware, well you just have to hope someone cared enough to copy the game and crack it.

 

[immortalfrieza]

While 10 or 15 years might sound good, I think it would incentivise small creators to sell off their stuff asap to larger IP owners, because they can milk it dry faster. I think 40 years after publication should be ok. Let's plays and streaming stuff should be available by default for interactive media, but the rights holder can narrow it down if they want to, but the announcement (and subsequent PR damage) should be on the online store pages or otherwise unmissable.

Hence why creators shouldn't be able to sell off what they make. They created it and it belongs to them until the 10 years is up. If they don't want to do anything with the IP anymore or can't make something worthwhile, once it's in the public domain it gets picked up by countless others, some of which will make something worthwhile and some that won't. IPs would have no value on their own, what is done with them would be where the value comes from.