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Preserving gaming history, or allowing illegal downloading of old PC games? How do we keep older titles alive?
Franksmall
Sunday, June 21, 2009
Tags: BioShock, fallout

After Bioshock came out my interest was piqued in System Shock, an older PC title that was published by Origin and developed by Irrational Games. Irrational became 2K Boston – the guys who made Bioshock – and was a progenitor of Bioshock.

The only place I could find to get the game other than paying $40 for an older used copy was to download the game from a site called Home of the Underdogs. I read a little about the site before downloading the game, and everything seemed legit at the time.

Home of the Underdogs claimed to be “a non-profit site dedicated to the preservation and promotion of underrated PC games (and a few non-PC games) of all ages: good games that deserve a second chance after dismal sales or critical reviews that we feel are unwarranted.” They said that, “while not an abandonware site per se (since our aim is to pay tribute to all underdogs, both new and old), supports the abandonware idea. We believe that providing games that have been abandoned by their publishers, while technically illegal, is a valuable service to the gaming community because these games are in danger of disappearing into obscurity, and their copyright holders no longer derive any revenues from them."

At the time I did not think about what these statements meant, but over time I started to wonder just why gaming's history was not being preserved better than this. With the advent of things like Nintendo’s Virtual Console and the Xbox Live Arcade, why aren’t more people seeing the value in offering up older titles cheaply for new generations to discover?

Of course the flourishing ROM (files of games you can find and illegally download)and Emulator (the code that plays the files) culture probably prevents most companies trying to legally offer up downloads of older games from seeing any kind of a profit.

A big part of the problem with preserving gaming history and allowing for purchases and downloads of older titles must also be how the rights to the code for these titles gets lost in a quagmire of legal tape as companies are bought, sold and disbanded.  As just who the owners of specific code becomes murkier, the legal means of writing contracts and paying royalties probably becomes too hefty to allow for games to be cheaply downloaded. If older titles are not cheap, then you are pushing more gamers to download these titles illegally.

Another issue on both the PC and console side is changing technology. I never got that download of System Shock to work on my Vista running desktop. After a number of attempts that all lead to crashes I gave up on getting the game to work, and had to hope that 2K could get the rights to the game and add it in as a bonus feature for Bioshock 2.

Luckily, not all is lost when it comes to older titles for the PC. Sites like Gametap offer up a subscription based service for playing older games and sites like GOG.com are starting to pop-up as well. GOG offers cheap downloads of older titles like Fallout and MDK.

What has to be asked also, though, is who is going to profit from these downloads? Are the people who worked so hard to make these games going to see even the first dime from these sales, or are all of these profits going to some lawyer who just happened to own the rights? The same question could also be asked of Nintendo’s Virtual Console and other means of downloading older titles.

Maybe sites like GOG will flourish as much as ROM sites and we will see even more games like Betrayal at Krondor offered up for download cheaply. For now I will stay away from illegal downloads and simply wait until there are legal means to repurchase these titles. Preserving gaming history is an important subject, but for now I think it might be best if we consider ways to legally preserve gaming history. The Underdogs might have a noble idea in mind, but noble does not matter at all when the service your site provides is potentially preventing legal sales… no matter how classic and under-appreciated the title may be.

 

From Overdos3.com

 
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Comments (6)
Jason_wilson
June 22, 2009
It saddens me that the game industry has done so little to preserve its great masterpieces. This is the industry's history, and it's disappearing on 5.25-inch and 3.5-inch floppy disks and aging cartridges. And I don't want to resort to using emulators to play old games; I'd be happy to spend money on new versions that either present the old games as-is without any hoops (such as DOSbox) or with a modern take (such as Pac-Man: Championship Edition).
Default_picture
June 22, 2009
I want Number Munchers to come back and Oregon Trail as well. Sounds and all please for the sake of JEB living.
Robsavillo
June 22, 2009
I first want to mention that Home of the Underdogs made a point of only offering titles not commercially available. The moment that a title was available commercially, Home of the Underdogs would remove it from the website.

GOG is a great example, and I particularly like their business model because their releases are completely, 100% DRM-free. In the long scheme of things, DRM-free is the only way to ensure that a gaming history is able to be preserved at all.
Franksmall
June 22, 2009
I was not looking to take Underdogs to the woodshed with this piece. I do think they are trying to do a good thing, but I still have to wonder if they could also do as much hard as good when it comes to someone re-releasing an older game.

DRM is a bit of a sticky subject because I do think companies have a right to make sure their product is secure, but at the same time DRM hurts people who operate legally more than it affects those who pirate. I think DRM as we know it now is pretty awful though.

Please put comments with any other places like GOG that offer up older games for legal download. I will happily add them to the piece, or cover them in a later one.

Thank you so much for the comments!
Default_picture
June 22, 2009
good read
Brett_new_profile
June 22, 2009
Great article, Frank. Game preservation is near and dear to me (in fact, I've written a number of Bitmob articles on the subject), and you're right about the rights issue being a mess. And not just for people like you looking to play the classics: even academic institutions are having a tough securing rights to preserve games for posterity. It's a sorry state, and game companies don't seem to care. I can say this, though: unless the programmers, etc., received some sort of ownership stake in the game or the company they worked for, they won't see a dime from any of these re-releases.
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