Piracy is the Only Protection for Digital Works According to the Founder of the Video Game History Foundation
Piracy is the Only Protection for Digital Works According to the Founder of the Video Game History Foundation
Sony's decision to discontinue the production of physical copies of PlayStation games starting in 2028 has brought back into focus a topic that has been discussed for years: the preservation of video games. According to the Video Game History Foundation, the gradual shift to digital increases the risk that many titles will become unavailable over time, especially when the only distribution channel is managed by the producer.
Frank Cifaldi, founder of the foundation, argues that "piracy now represents the only truly effective system to preserve the video game heritage." This position does not stem from a desire to justify illegal practices, but rather from the belief that the industry has not left concrete alternatives for museums, libraries, and archivists.
As the director of a historical video game preservation institution, and someone who has dedicated his entire adult life to this cause, this is accurate. We have attempted to work with the industry’s trade organization to find a legal path forward, but they refuse to offer a meaningful alternative.
![image or embed] — Frank Cifaldi (@frankcifaldi.bsky.social) July 1, 2026, 8:45 PM
According to Cifaldi, Sony's decision has a limited impact on the foundation's activities, as most video games published in the last twenty years already exist exclusively in digital format. Many titles also do not even reach the console market or require updates to be downloaded before they can be launched, although according to the DoesItPlay database, this is not essential for many games.
The problem, according to the foundation, mainly concerns the absence of legal tools that allow for the preservation of software. The responsibility is attributed to the Entertainment Software Association (ESA), the organization representing video game publishers in the United States. The association has repeatedly obstructed requests to introduce copyright exceptions that would allow museums, archives, and libraries to preserve copies of abandoned online games.
In a lengthy post on Bluesky, the foundation also recalled the 2018 attempt to obtain specific exemptions for research and preservation, a proposal that the ESA helped to block. More recently, according to Cifaldi, the association supported the rejection of a California bill dedicated to the protection of full-price online games, claiming that community-managed servers were illegal.
In addition to regulatory difficulties, challenges also arise from official archives. Cifaldi has criticized the current procedures of the Library of Congress, which for software preservation only require small portions of source code. As an example, he cites an incident involving Capcom, which was asked to submit only "the first and last ten pages of code" of a game from the Mega Man series. Since it was unclear where the actual code began and ended, the foundation stated that it had selected random portions.
![image or embed] — Video Game History Foundation (@gamehistoryorg.bsky.social) July 1, 2026, 8:47 PM
The discussion has inevitably involved the management of digital platforms as well. The foundation emphasized that store operators can remove content or discontinue services, limiting access to products purchased by users. A few days before the announcement regarding physical games, Sony removed over 500 movies and TV shows from the PlayStation Store.
Along with the cessation of physical copies, the Japanese company also confirmed the gradual closure of digital stores dedicated to PlayStation 3 and PlayStation Vita. In the case of Italy, the definitive farewell is expected to come in July 2027, when downloadable content will no longer be accessible to users unless they have already purchased it. Sony specified that games already paid for can still be re-downloaded after that date, although without specifying until when.
However, there remains another critical element. Newer PlayStation consoles do not support most games published for PS3 and PS Vita. As a result, thousands of titles may no longer be available through official channels. Their preservation also appears incomplete: according to the unofficial archive NoPayStation, about 51% of PlayStation Vita games, 69% of PlayStation 3 titles, 64% of PSP games, 71% of reissues of the original PlayStation, and only 33% of PlayStation Minis are reported to be preserved.
The debate on video game preservation, therefore, is not only about the transition from physical to digital media. According to the Video Game History Foundation, the main issue remains the ability to ensure lasting access to video games when publishers and producers decide to shut down digital stores, remove content, or discontinue services. Without dedicated legal tools, Cifaldi concludes, a part of the history of video games risks disappearing forever.