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.
Sorry, but this article borders on misinformation.
The DMCA ruling was adjusted in 2006 which made it legal to circumvent copy protection if the copyright holder demonstrably does not sell nor support the software anymore – EA has officially and publicly announced that they do not sell or support the game anymore back in 2014, giving us the go-ahead on taking preservation into our own hands. The ruling is still in effect. Hence, stuff like osab’s installer or the MrDJ crack are absolutely legal even under DMCA. There is nothing to worry about.
On top of that: No plaintiff, no judge. EA knows about the many efforts to keep Sims 2 alive, they have access to the internet and aren’t blind. They even knew about people pirating the game back when they were still selling it (it was one of the most pirated games ever around 2005). I have personally never heard of anyone getting into trouble because of Sims 2. EA has never cared and will never care, especially now that they’ve given the Ultimate Collection out for free and publicly announced that they are not supporting the game anymore, so I think it’s unnecessarily alarmist to warn of a “future where access is limited” – that’s just demonstrably false.
In my personal opinion, The Sims 2 community is WAY too overly cautious with this topic and – no offense – doesn’t know what they’re talking about.
Illegal is illegal, and no the Sims community is not overly cautious. EA has been using their trademarks since inception, and copyright is 70 years after DEATH… so you’re not understanding that difference either. If EA wants to crack down, they can, just as Nintendo has done to emulators for years.