September 17, 2024, 7:54 am | Read time: 9 minutes

Compared to other art forms, video games are pretty short-lived, which is also due to the manufacturers. Anyone who wants to preserve video games should, therefore, quickly sign a new citizens’ initiative. For TECHBOOK editor Woon-Mo Sung, there has rarely been an easier decision in life.

Preserving video games has never been more difficult

Perhaps you remember the days of the Super Nintendo or the first PlayStation generation. The packaging captivated you in the store, and once your parents were persuaded to buy the game, you could hardly wait to tear off the wrapping and get started. Holding the game cassette or CD in your hands for the first time was always a magical moment that made it unmistakably clear: this is mine now. And forever.

Things are a little different in 2024. Digital downloads are ubiquitous, and score points with their fast and convenient availability. However, this has brought with it a new disadvantage that many people did not anticipate. After all, do I still own a digitally purchased game? There seems to be more confusion than ever about what the word “buy” means in this case. When game publishers say “sell,” they really only mean the provision of the respective title as a service.

But if a store disappears or the servers are shut down, then that’s it. The paid game is gone or at least becomes unplayable because a central function (e.g., online multiplayer) is lost. This is no way to preserve video games, and the paying customer is seemingly robbed of their goods. Instead, fans are suddenly left feeling stupid. Many feel downright ripped off because of this – including me.

“Stop Destroying Videogames” initiative wants to protect video games

It is becoming increasingly common for purchased games to no longer be playable or for titles to no longer be offered for sale. This is annoying. Either you have already invested your hard-earned money, or you were actually planning to try out a great but older title. So far, there doesn’t seem to be a remedy for this. In the case of an online multiplayer game, it wouldn’t even help to own a physical copy if the publisher pulled the plug elsewhere.

To counteract this, YouTuber Ross Scott has helped launch a new European citizens’ initiative called “Stop Destroying Videogames.” This is aimed at publishers who sell or license games or associated features to consumers within the EU. The aim is to get them to leave their titles in a permanently playable condition. And this should be guaranteed above all if the manufacturers themselves stop actively supporting the game.

In particular, the aim is to prevent the quasi-remote shutdown of games if the manufacturers have not previously provided the means to continue using them. But what does the whole thing look like from a legal perspective? Once I have purchased a game (or a movie or a music album) digitally, do I have the right to own it forever or to use it permanently?

This is the legal situation in Germany

I asked the law firm WBS.LEGAL about this and received the following answer:

“You don’t buy digital products like physical objects that you can then call yours forever. You actually only acquire the contractual option to use the digital content. The contractual relationship depends much more on the structure of the individual contract than with a purchase. This is an independent type of contract that has been separately regulated in the law since 2021.”

WBS.LEGAL

So you don’t actually buy the product itself, but only the permission to use it. It also states that “providers of a digital service must ensure that the purchased product is available to you for a period of time that you can reasonably expect.” There is no specific definition of the duration. However, it is usually assumed to be around two years, although there may be exceptions.

This means that it is possible, and above all legal, for content to be “taken away.” Unfortunately, many consumers are not aware of this when they “buy.” According to the law firm, it is particularly important to announce the discontinuation of a service in good time.

Ambitious goal needed for the initiative to succeed

The “Stop Destroying Videogames” initiative aims to counteract this by obliging manufacturers and publishers to keep games playable in some form. If enough votes are collected for the campaign, there is a good chance that the EU will address the issue. However, a sporting target has been set: One million votes must be collected in the European Union. The first milestone was reached at the beginning of August when the initiative reached 100,000 signatures.

Moreover, it would not be enough if these signatures theoretically came from just one country. As Scott commented in an explanatory video on YouTube, certain thresholds must be exceeded in more than seven nations for their respective votes to be included in the overall result. However, there is still time for this until July 31, 2025.

It’s not just about products, but also about art

Personally, I can only advise every video game lover to support the initiative by signing the petition. The idea that a digital games library that has been built up over the years can simply disintegrate is sheer horror. And in more and more cases, I am left with hardly any options if I am only allowed to purchase a game digitally and then not keep it. But the pure consumer aspect is only secondary for me. For me, it’s about preserving video games in the long term. Because deactivating playability doesn’t just mean that a product disappears into oblivion – it means that a work of art is in danger of being forgotten.

And art is not only beautiful when it is new. It also gains significance and relevance over time. Its significance and influence only become clear in its historical context, and then it should be possible to engage with it years later.

Not only for nostalgic reasons. But also to appreciate the work and learn something about the medium. That’s why we go to art galleries, film and music archives, or retro screenings. In film and music, in particular, it has long been common practice to reissue classics and put them on sale. I don’t even need to start with bookshops.

Case study “Spec Ops: The Line”

That’s why I also want to be able to play old video games, regardless of their age or any corporate considerations. Many titles deserve to be preserved in some form for future generations of gamers or at least made available on a regular basis. But the industry is still struggling with this. The racing game The Crew was recently deactivated after a previous announcement and has not been playable since, as IGN wrote. This was also a reason for the initiative.

Another recent and prominent example of this is Spec Ops: The Line. Released in 2012, this influential shooter game is considered to be narratively outstanding, as it uses the mechanics of the typical shooter game to convey a stirring story about the horrors and traumas of war in an impressive and multi-layered way. Players do not take on the role of the hero but that of the perpetrator.

Here you will find content from Youtube

To engage with or display content from social networks, we require your consent.

Activate

I consent to having external content from social networks shown to me. This may result in the transfer of personal data to third-party services. Further information can be found in the description of this data processing purpose and in the privacy policies of these third parties.

However, as reported by 4P and others, the title disappeared from all online stores at the beginning of the year. Publisher 2K cited expiring license agreements as the reason. Physical copies are still in circulation. However, anyone who wants to play the game again now (as of August 5, 2024) will have to go to eBay. Everyone else currently has no chance.

And that is a bitter loss for all those who have not yet been able to try the game, but especially for this unique audiovisual narrative medium of video games itself. Is it the best game of all time? Certainly not. But I am firmly convinced that Spec Ops: The Line should be preserved for eternity. It should be exhibited in a museum, included in a national archive, or even permanently in digital form. Video games are not only fun, they are also more culturally significant than ever before and deserve to be treated with appropriate care by the manufacturers.

More on the topic

Opinion TECHBOOK editor on the end of Blu-ray: “I just want to cry”

Downloads, e-books, … Do digitally purchased products really belong to me? Which regulations apply

Games fair in Cologne These were our highlights at Gamescom 2024

Please all sign “Stop Destroying Videogames”

At least there are efforts to change this in the long term. For example, there are museums in Berlin, Hamburg, and Hanover that focus exclusively on video and computer games. Retro consoles such as the Sega Mega Drive Mini are bringing back classic hardware and software in a new format. Nintendo regularly brings back games from old platforms as part of its Switch Online subscription. But more can and must be done.

That’s why I’m calling on you: if you love video games, make sure you sign “Stop Destroying Videogames.” Every vote counts. Games must not be deactivated just like that, even though we have paid money for them. But also to preserve them for the future.