The US Copyright Office has dealt a blow to video game preservationists, rejecting a request to allow libraries, archives, and museums to lend video games remotely for study purposes. The decision means that scholars and researchers will continue to face significant hurdles in accessing and preserving classic games, which are often no longer available for purchase.

The Copyright Office cited concerns about market harm and the potential for individuals to use libraries as a means to play games for free, rather than for legitimate research or scholarly purposes. The Entertainment Software Association (ESA), which represents video game publishers, had opposed the request, arguing that remote access would damage the market for classic games.

The decision is a setback for the video game preservation community, which has been fighting to preserve the cultural and historical significance of classic games. Many of these games are at risk of being lost forever, with an estimated 90% of classic games considered "critically endangered."

The Copyright Office's decision is particularly frustrating for preservationists, given that it already allows remote lending of other forms of media and software programs. The exemption that was proposed would have allowed libraries to lend games remotely, provided they took steps to ensure that users were accessing the games for legitimate research or scholarly purposes.

The rejection of the proposal is a significant blow to the efforts of organizations like the Software Preservation Network and the Library Copyright Alliance, which have been working to preserve video game history. The decision highlights the ongoing challenges faced by preservationists in their efforts to protect and promote the cultural heritage of video games.