Want to access all downloads (CC) at once? Donate here to get access to the google drive folder of all files!

In a recent decision, U.S. courts upheld the strict copyright protections around video games under the Digital Millennium Copyright Act (DMCA). For older games like The Sims 2, this ruling has significant implications, potentially limiting both access to these games and the ability of fan communities to preserve or modify them.

For context, The Sims 2 and other older games are often considered “abandonware,” where official support from developers has ceased. This leaves a gap for fans and independent developers who have historically used mods, patches, and updates to keep these games accessible and functional on modern platforms. However, the court’s reaffirmation of DMCA restrictions means that even these non-commercial efforts could be considered illegal if they bypass any technical protection measures (TPMs).

Community-Led Preservation Limits:
In cases where the official developer is no longer supporting a game, fans have often stepped in to keep the game alive. For The Sims 2, this might mean updating game files to prevent crashes, adding compatibility for new operating systems, or even creating mods that enhance gameplay. Under the current DMCA interpretation, however, even benign modifications may infringe on copyright protections, complicating preservation efforts.

Future Legal Adjustments
There is an opportunity for Congress to update the DMCA to allow for “benevolent” or non-commercial circumvention for preservation and user experience enhancement. For example, Europe’s copyright laws offer a more nuanced view on preservation efforts, enabling modifications if they are non-commercial and do not harm the developer’s market.

Potential Community Workarounds
Communities are becoming creative with solutions that comply with legal restrictions, such as creating guides for manual game fixes or distributing free mods on open-source platforms that don’t circumvent TPMs. However, this workaround does not offer the same flexibility and may discourage many fans from engaging in preservation efforts.

As copyright issues around video games continue to evolve, the stakes for older games are higher than ever. Without legal adjustments that acknowledge the value of non-commercial preservation, titles like The Sims 2 could face a future where access is limited, and preservation is challenging. Allowing more flexibility in the DMCA could enable these games to stay accessible without infringing on developer profits. For now, players and preservationists can only hope for future legal changes that will balance intellectual property protection with the value of maintaining cultural and gaming history.