Preservation Through Emulation
Title: Preservation through emulation: The continuing cultural impact of video game emulators
Creator: Michael Kinkle
Project Definition
This project centers on video game emulation (a subtopic stemming from the broader topic of emulation), focusing specifically on how software emulators have served as the de facto method for preserving video games, despite their questionable legality. All article databases available through the WSU Libraries were included in the initial Boolean search of “video games AND emulation,” and the most relevant full-text journal articles, case studies, and papers that were retrieved—those which detailed the various platform emulators, compared the concept of “emulation as preservation” with “emulation as piracy,” and summarized emulation‑related court cases and their decisions—were selected for inclusion. The full run of the journal Games and Culture (published between 2006-2017) was then examined in its entirety for additional items to include here, along with several game preservation journals linked from the University of Michigan Library’s Computer and Video Game Archive Research Guide, including Game Studies, Journal of Games Criticism, Loading, and Eludamos.
Annotations
Barwick, J., Dearnley, J., & Muir, A. (2011). Playing games with cultural heritage: A comparative case study analysis of the current status of digital game preservation. Games and Culture, 6(4), 373-390. http://doi.org/10.1177/1555412010391092
Pulled from the journal Games and Culture, the authors here detail several game preservation efforts being made globally, expanding on: their tangible benefits (physical archives of games are finally being exhibited publicly); challenges (determining what games are culturally relevant enough to warrant selection in an exhibition or a permanent collection); and ultimately, their shortcomings (any efforts to digitally preserve games via emulation can quickly be shut down by the original rights holders). The authors state that “at least 50% of game preservation will be done at the fan‑level,” reiterating the significance of emulation to game preservation, far beyond the present efforts that archives, museums, and institutions can even afford to undertake (p. 376). By the end of their case study, the authors conclude that, even with any fan or institutional efforts to preserve games, an imperfect dichotomy will nevertheless remain: can video game preservation exist in a playable (albeit emulated) form, or will it only persevere as physically exhibited game cartridges and their related paraphernalia?
Conley, J., Andros, E., Chinai, P., Lipkowitz, E., & Perez, D. (2004). Use of a game over: Emulation and the video game industry, a white paper. Northwestern Journal of Technology and Intellectual Property, 2(2), 1-30. Retrieved from http://scholarlycommons.law.northwestern.edu/njtip/vol2/iss2/3/
This paper captures the rich history of video game emulation efforts over the years, first by discussing how emulation is achieved through software, then by analyzing how it has positively impacted preservation through backward compatibility of games and unforeseen product enhancements, such as save states that allow players to resume games midstream (p. 10). The authors ultimately use these benefits to present their case for game manufacturers to forego pursuing legal action against the creators of emulators and to instead embrace, and furthermore, monetize these emulation efforts to their advantage. By the end of the article, the authors propose something of a prescient idea, suggesting we emulate video games through a Netflix-like subscription model, wherein players could pay a fee to stream them. This concept has subsequently been realized through services like Sony’s PlayStation Now. The prophetical nature of these suggestions, coupled with the authors’ thorough analysis of multiple emulators and their benefits and drawbacks, makes this a valuable article when contrasting the gaming industry’s consensus toward emulation a decade ago with what we have since seen it evolve into today.
Farrand, B. (2012). Emulation is the most sincere form of flattery: Retro videogames, ROM distribution and copyright. IDP Revista de Internet, Derecho y Política, 14, 5-18. http://doi.org/10.7238/idp.v0i14.1546
Farrand’s article paints a well-rounded picture of the precarious state of video game emulation, specifically regarding differences between how the U.S. and E.U. have approached the topic. One passage discusses how a “character similar to Pac-Man artistically” would be more likely to constitute infringement over the copyright of its graphical representation, than if a similarly designed game were made, as the U.S. case of Atari v. Phillips determined that games were not protected by copyright, as they “amounted to little more than systems or procedures.” (p. 8). Farrand contrasts this illuminating ruling with other high-profile court cases that have called video game emulation into question, using examples from both sides of the Atlantic to draw out some of the international inconsistencies that exist. Even with these rulings in place to curb piracy and infringement, Farrand closes out the article by highlighting how game distributor SEGA has subsequently repackaged and resold multiple emulated versions of their past games to new profits—an unexpected outcome that has resulted from the global efforts to preserve these games for future generations (p. 15).
Gooding, P., & Terras, M. (2008). ‘Grand theft archive’: A quantitative analysis of the state of computer game preservation. The International Journal of Digital Curation, 2(3), 19-41. http://dx.doi.org/10.2218/ijdc.v3i2.56
This analysis by Gooding and Terras uncovers the deep divide between video game preservation efforts undertaken by communities in the U.S. versus their U.K. counterparts, despite the seemingly unified presence of the online emulation scene. The authors aim to quantify how many U.S. versions of video games have been emulated compared to their variant U.K. versions, focusing solely on older, albeit very popular, consoles. The subsequent availability of these consoles’ games to this day highlights the overarching problem of trying to preserve all games in a console’s library, as their retail availability is essentially ephemeral from day to day. A later passage serves as a fitting summation of the mindset toward video game preservation today, and the limitations of emulators as presented by the authors in the article: “Emulation is not preservation of the original game, although in many cases it is the best representation that is available” (p. 23).
Guttenbrunner, M., Becker, C., & Rauber, A. (2010). Keeping the game alive: Evaluating strategies for the preservation of console video games. The International Journal of Digital Curation, 1(5), 64-90. http://dx.doi.org/10.2218/ijdc.v5i1.144
This case study is exceptionally detailed, analyzing the merits of multiple emulation software programs themselves, and whether some are even serviceable enough to successfully reproduce the visuals and audio of video games. By taking the time to break down several emulators (and providing screenshots of the reproduced games across these emulators for comparison), the authors dig deeper into whether such software is truly capable of preserving games, venturing beyond the simpler, and more oft-mentioned, questions of legality. Considering the inevitable decay of the cartridges and discs that older games are stored on, the authors further the case for emulation as a viable preservation strategy—provided the software used is well-built and reliable.
Libby, J. S. (2003). The best games in life are free?: Videogame emulation in a copyrighted world. Suffolk University Law Review, 36(3), 843-862.
With its summaries of every major video game copyright court case and its proposals for how emulation might be approached in new ways—ways which could appease the original copyright holders—Libby’s article is a singular read. The informed legal opinions that Libby shares refine when emulation might be considered “fair use” and when it might not, something other authors cannot as authoritatively comment on. While the obvious legality of emulation itself is called into question throughout, Libby still presents a strong case for a more official video game archive; something which we have yet to see but as more video game publishers are rereleasing their older titles digitally, we may finally be inching closer to such an approach (p. 861).
Murphy, D. (2013). Hacking public memory: Understanding the multiple arcade machine emulator. Games and Culture, 8(1), 43-53. https://doi.org/10.1177/1555412013478687
Murphy’s case study provides a detailed breakdown of the multiple arcade machine emulator, or MAME, an emulation project that essentially tricks the code of arcade games into thinking they are running on the original arcade cabinet, rather than being emulated (p. 44). Or as Murphy eloquently phrases it: “An emulated game is zombie code running without knowledge of its platforms death” (p. 45). This concept permeates the entire article, and the other roadblocks that Murphy discusses, particularly the digital rights management of these emulated games, serve as a reminder to readers that video game preservation efforts via emulation should not be downplayed by the game industry, not when successful efforts like MAME exist and will continue to thrive globally.
Newman, J. (2012). Illegal deposit: Game preservation and/as software piracy. Convergence: The International Journal of Research into New Media Technologies, 19(1), 45-61. https://doi.org/10.1177/1354856512456790
Newman’s article was the first to focus on the relatively newer concepts of recorded video game speedruns and translated Japanese games that did not make their way overseas upon initial release—both of which would not have become nearly as popular as they have without emulation. While he covers the inevitable questions of legality and piracy, it is Newman’s passionate defense of these efforts from amateur communities that separates this piece from the ethical quandaries of emulation explored elsewhere. He concludes with an urgent call for collaboration between the game industry and those fans who have been doing more to preserve games—even through minor efforts, such as translation patches for ROM files—than the original creators have done themselves.
Orland, K. (2016). How the demonization of emulation devalues gaming’s heritage. Ars Technica. Retrieved from https://arstechnica.com/gaming/2016/03/how-the-demonization-of-emulation-devalues-gamings-heritage
The most recent of the articles included here, Orland’s short piece expands on a frequently covered court case that ultimately cemented the gaming industry’s distrust towards emulation. A company known as Connectix—which eventually made $3 million through illegally emulated games—came under attack after Steve Jobs highlighted how the Mac could play Sony PlayStation games by using Connectix’s software. At the time, this opened the floodgates to rampant piracy. Nevertheless, Orland (2016) is quick to point out a surprising paradigm shift that has since occurred: companies like Nintendo have been caught pirating their own emulated ROM files and reselling them as “Virtual Console” games on their new systems. Speaking to the new ports, remasters, and HD upgrades of games that have since cropped up, Orland (2016) highlights a telling disparity between mediums—while many older movies are still resold in their original forms, gamers have been forced to experience some older games through emulation alone, as they cannot purchase these games as easily as they could purchase movies.
Sterling, B. (2011). Dead media beat: Federico Giordano, “Almost the same game.” Wired. Retrieved from https://www.wired.com/2011/04/dead-media-beat-federico-giordano-almost-the-same-game
This almost prosaic piece takes a more theoretical approach to how video games may be emulated, suggesting that they lose something as they are transferred to a new platform, as the experience of playing the original game is not entirely reproducible. Giordano (2011) frames the article around the practices of storing, transferring, and emulating games, asking those archiving to remember that external elements—such as video gameplay recordings—cannot “fully complete the memory of the game.” Speaking specifically to the adulterated experience of playing an emulated game, Giordano’s article becomes a captivating read by critiquing the nature of emulation as a preservation method, rather than focusing strictly on the legal ramifications that can often accompany it.
