One of the most frustrating aspects in the ongoing conversation around the preservation of older video games, also known as cultural output, is the collision of IP rights and some publishers’ unwillingness to both continue to support and make available these older games and their refusal to release those same games into the public domain so that others can do so. It creates this crazy situation in which a company insists on retaining its copyrights over a video game that it has effectively disappeared with no good or legitimate way for the public to preserve them. As I’ve argued for some time now, this breaks the copyright contract with the public and should come with repercussions. The whole bargain that is copyright law is that creative works are granted a limited monopoly on the production of that work, with that work eventually arriving into the public domain. If that arrival is not allowed to occur, the bargain is broken, and not by anyone who would supposedly “infringe” on the copyright of that work.
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But it just doesn’t have to be like this. Companies could be willing to give up their iron-fisted control over their IP for these older games they aren’t willing to support or preserve themselves and let others do it for them. And if you need a real world example of that, you need look only at how Epic is working with The Internet Archive to do exactly that.
Epic, now primarily known for Fortnite and the Unreal Engine, has given permission for two of the most significant video games ever made, Unreal and Unreal Tournament, to be freely accessed via the Internet Archive. As spotted by RPS, via ResetEra, the OldUnreal group announced the move on their Discord, along with instructions for how to easily download and play them on modern machines.
Huge kudos to Epic for being cool with this, because while it shouldn’t be unusual to happily let people freely share a three-decade-old game you don’t sell any more, it’s vanishingly rare. And if you remain in any doubt, we just got word back from Epic confirming they’re on board.
“We can confirm that Unreal 1 and Unreal Tournament are available on archive.org,” a spokesperson told us by email, “and people are free to independently link to and play these versions.”
Importantly, OldUnreal and The Internet Archive very much know what they’re doing here. Grabbing the ZIP file for the game sleekly pulls the ISO directly from The Internet Archive, installs it, and there are instructions for how to get the game up and running on modern hardware. This is obviously a labor of love from fans dedicated toward keeping these two excellent games alive.
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But this is just two games. What would be really nice to see is this become a trend, or, better yet, a program run by The Internet Archive. Don’t want to bother to preserve your old game? No problem, let the IA do it for you!
Robin Edgar
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