In the US, classic video games still haven’t been put on the same level as other cultural works. A recent proposal to let libraries offer remote access to old games didn’t pass — the Copyright Office said no. Right now, it’s possible to study rare films or books from home, as long as certain rules are followed. But when it comes to games, everything still has to happen on-site, with all the travel, costs, and time limits that brings.

The variety of games is vast, offering something for everyone. Some games place a strong emphasis on art, while others help with fitness. And of course, there are plenty of old games that are now considered iconic. These games can and should be studied.

The Video Game History Foundation and the Software Preservation Network spent three years trying to make it happen. They wanted libraries to offer access to game emulators — something like checking out an eBook. The goal was simple: give researchers a way to study gaming history and keep it alive for the future. No business angle, just archives and academic work.

The biggest pushback came from the Entertainment Software Association. The group insists that remote access would open the door to piracy. During the hearings, ESA made it clear — they weren’t going to back the idea, no matter what. Interestingly, none of the game publishers spoke up publicly to support that view. Archivists are convinced this was less about principle and more about pressure from lobbyists.

The foundation says 87% of games released before 2010 are now out of reach. They’re gone from store shelves and missing from digital platforms too. For the Commodore 64, just 4.5% of its entire library is still around. The Game Boy does only slightly better — about 6%. And we’re talking about systems that defined a whole era. These games are fading fast, with little hope of a comeback.

Only 13% of classic titles can still be played legally. Everything else is stuck in a legal gray zone. Researchers have to get creative just to access them. Regular players end up turning to emulators or digging through secondhand markets for old consoles. All for a chance to revisit what once helped build the gaming world. The industry, though, doesn’t seem too eager to help.

This article was prepared with support from www.aviatrix.com.in