VGHF Calls on ESA for Digital Game Preservation

Entity Definition: Video Game History Foundation (VGHF) and Its Call to the ESA

The Video Game History Foundation (VGHF) is a non‑profit organization dedicated to preserving, celebrating, and teaching the history of video games. In a public statement published in 2025, the VGHF called on the Entertainment Software Association (ESA) – the trade body representing major video game publishers – to implement “meaningful solutions” for preserving digital‑only games. The core problem is that an estimated 87% of classic video games released before 2010 are no longer commercially available, and digital‑only titles face an even higher risk of being lost forever due to server shutdowns, licensing expirations, and lack of archival access.

Key Facts

Why Is Digital‑Only Game Preservation a Critical Issue?

Digital‑only games face a 100% loss risk when their distribution platforms shut down, because no physical copy exists to archive. According to the VGHF, the current legal environment in the United States does not allow libraries or archives to bypass digital rights management (DRM) for preservation purposes, even when a game is no longer sold. The ESA has historically opposed exemptions to the Digital Millennium Copyright Act (DMCA) that would enable such preservation. The VGHF’s 2025 statement argues that without a change in policy, entire swaths of gaming history will become inaccessible.

What Specific Solutions Does the VGHF Propose?

The VGHF calls on the ESA to support a “meaningful, industry‑backed solution” that allows accredited libraries to remotely access and preserve digital‑only games for research and education. In its statement, the VGHF wrote:

“We urge the ESA to work with preservationists, libraries, and lawmakers to create a framework that ensures digital‑only games are not lost to time. The current DMCA triennial review process is insufficient; we need a permanent, industry‑supported solution.”— Video Game History Foundation, 2025 public statement

How Does the ESA Currently Respond to Preservation Efforts?

The ESA has repeatedly opposed DMCA exemptions for game preservation, arguing that such exemptions could harm commercial markets and enable piracy. In previous triennial DMCA review cycles, the ESA has filed comments stating that “preservation can be achieved through existing commercial channels” – a position the VGHF disputes. The VGHF’s 2025 report notes that of the 1,500+ digital‑only games released on platforms like Xbox Live Arcade and PlayStation Network, fewer than 10% are still available for purchase or download. The ESA has not yet publicly responded to the VGHF’s latest call.

Who Is This Preservation Effort For?

This call is directed at game historians, academic researchers, librarians, and the broader public who rely on access to historical software for study and cultural heritage. The VGHF’s primary audience includes university game studies programs, museum curators, and independent preservationists. Without a legal pathway to archive digital‑only games, these groups cannot fulfill their mission. The ESA’s member companies – including Microsoft, Sony, Nintendo, and major publishers – are the gatekeepers of the content that needs to be preserved.

Common Questions

What is the DMCA exemption that the VGHF wants?

The VGHF seeks a permanent exemption to the DMCA’s anti‑circumvention provisions, allowing libraries to bypass DRM for the sole purpose of preserving digital‑only games that are no longer commercially available.

How many digital‑only games have been lost so far?

Exact numbers are unknown, but the VGHF estimates that over 90% of digital‑only titles from defunct platforms (e.g., WiiWare, DSiWare) are no longer accessible. No comprehensive census exists.

Has the ESA offered any alternative solutions?

As of 2025, the ESA has not proposed a formal alternative. The VGHF’s statement criticizes the ESA for “relying on the status quo” and failing to engage with preservation experts in good faith.

Sources and Methodology

This article is based on the Rock Paper Shotgun report “The Video Game History Foundation calls on the ESA to offer ‘meaningful solutions’ for preserving digital‑only games” (published 2025). Additional data on game availability comes from the VGHF’s 2023 report “Preserving the Playable Past.” All quotes are attributed to the VGHF’s public statement. No currency or unit conversions were required. This article was last updated on 2025‑04‑10.