Online lending of games through libraries?

[AAA177]

I read an article about that book that everyone wants to read from Brett Kavanaugh's friend. It was said that the Boston Public Library put it up at the Archive site so people could read it (with some limitations, I think). I don't have the article handy and don't know the details, but after reading this and a recent piece about a guy who started a subscription service that allows people to use ROMs for games of which he possesses physical copies (I forget the name of the service), I'm wondering...could public libraries hold the key to legal online emulation? Has there ever been any juisprudence on this?

 

To me, it's not so much an issue for games we can buy now -- such as the stuff on the Flashback units -- but what about stuff that is never coming to the Flashback-type business models? For instance, just off the top of my head, Raiders of the Lost Ark for 2600, Dracula for Intellivision, The Blues Brothers for NES...if a library acquired copies of such titles, could it throw it on the Internet for people to play? I'm assuming the book I mentioned might also have a public-interest angle argument, so maybe that's why that was done. I certainly wouldn't say Switch titles should be online, but if the Archive site has such a wide collection (although I assume it has received copyright notices as well), maybe this is something public libraries should test?

[derFunkenstein]

My local library's online book lending is done through some sort of Amazon service where they've acquired a certain number of licenses and only that number of copies can be lent out to a Kindle at a time. After a period fo time the book is removed from your Kindle app/device and returned to the library (or you can return it manually so you can check out another).

 

There'd have to be all sorts of work going into a ROM sharing service like that. Which that already exists as Console Classix. They bought the carts, dumped the ROMs, and created a checkout system online.

 

https://arstechnica.com/gaming/2018/08/can-a-digital-lending-library-solve-classic-gamings-piracy-problem/

[mr_me]

Is this the article about the book.

https://slate.com/technology/2018/10/mark-judge-book-online-copyright.html

 

So there's a copy of the book at archive.org uploaded by Boston Public Library available as controlled digital lending. That means you have to wait your turn to read it like an actual library. So BPL uses archive.org as their partner for controlled digital lending.

 

Archive.org can also emulate video games online but I haven't seen any examples of controlled access there.

https://archive.org/details/consolelivingroom

Edited October 10, 2018 by mr_me

[+GoldenWheels]

Unrelated but a local public library in Mass. has Switch games to loan out. Honest to god, brand new, physical Switch games.

 

When my son came home with Zelda BOTW the first time and he told me how he had gotten it, he got a loooooooong speech about how old dad used to walk uphill both ways in the snow to pay to rent his video games.

[Flojomojo]

That's wild. How long can he keep it? How to they handle loss/theft/damage?

 

Not that I would want to go to the library for a video game, not when I can download it without moving my well-larded backside.

 

[godslabrat]

As much as I love this idea in concept, I think emulation is just the better answer here. If your goal is to let people try games they might not otherwise try, it's the ultimate answer because there's no delay, no legal issues (hey, it's piracy), let's admit it) and no infrastructure needed to get the game from Person A to Person B.

 

Now, let's say we discover that this setup you describe is the magic bullet that lets people borrow classic games online. It's totally legal and legit. Do you think that will stop anyone from suing anyway? These companies are famous for using lawsuits to get their way. Remember Bleem? They were 100% in the right and Sony killed them anyway. This would be exactly the same thing.

 

Emulation. It should be in the drinking water.

[+GoldenWheels]

That's wild. How long can he keep it? How to they handle loss/theft/damage?

 

 

 

 

I think it's weekly. He brought Zelda back several times...and just took it out again the same visit, so I'm not really sure.

 

Frankly I have no idea how they don't have an issue with theft. I guess people really value their library card/membership. It is kind of a richie-rich area of Mass.

[mr_me]

Libraries lending switch cartridges is interesting because unlike nes cartridges they are licensed not owned. Nintendo's license agreement says selling and renting is not permitted but it doesn't say anything about lending.

 

Regarding libraries risking loss, damage, and theft; that's true with everything a library lends. When I was a kid, I'd go to the local library and borrow a pioneer laserdisc player and laserdiscs. Not sure how delicate those things are. They did have a professional carrying case made.

 

Sony may have killed bleem but they did not get their way. Emulation is legal today.

Edited October 14, 2018 by mr_me

[godslabrat]

Libraries lending switch cartridges is interesting because unlike nes cartridges they are licensed not owned. Nintendo's license agreement says selling and renting is not permitted but it doesn't say anything about lending.

Regarding libraries risking loss, damage, and theft; that's true with everything a library lends. When I was a kid, I'd go to the local library and borrow a pioneer laserdisc player and laserdiscs. Not sure how delicate those things are. They did have a professional carrying case made.

Sony may have killed bleem but they did not get their way. Emulation is legal today.

I'd bet this "licensed, not owned" thing would never hold up in court. Even in the NES days, companies played with that kind of legal verbiage, and it amounted to nothing.

[mr_me]

As always, it depends on the judge. Here's an example where licensed not owned, held up.

http://stlr.org/2010/11/02/vernor-v-autodesk-and-the-end-of-the-first-sale-doctrine/