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Video games are particularly egregious because even if an old game is currently sold under the same name, it often is not the same game: * it’s running via em

Video games are particularly egregious because even if an old game is currently sold under the same name, it often is not the same game: * it’s running via emulation or has been recompiled for a different architecture with noticeable changes from the original (control latency, graphical differences, fixed/new bugs) * content has been added or removed (often due to licensing) * an EULA has been added or modified * it’s not playable on the hardware where it was originally released This is unlike books and music, which rarely change, or movies where it happens but is certainly not common. Video games are different, though. The Genesis version of Sonic 3 has a different soundtrack than all others and hasn’t been available since 1997. Symphony of the Night had the most similar rerelease in 2006 on XBLA, but everything since has been a version with many big fixes and additions based on the PSP version. Final Fantasy VI has had many “enhanced” versions, but surprisingly the original ROM was available until the Wii U eShop shut down last year. Also aurprisingly, new old stock of the PS1 version could be bought from Square Enix up until a few years ago. There are countless other remasters or ports that replace the original which is then never sold again.

crazygringo 2y ago
None of that presents any kind of legal difficulty. If a game is recompiled under a new architecture, it's still the same graphics and text and levels and everything. It's not really any different from a new printing of a book in paperback instead of hardcover and in a different font. The copyright on those elements remains intact. If you're simply talking about access to previous versions for researchers and archivists, that's more of a question of archival practices than of copyright. Which is a very interesting conversation, but a totally separate one.
- jonhohle 2y ago
  It may it matter to you, but it certainly matters to competitive, speed run, and enthusiast communities around different games. I mentioned Sonic 3 because it’s not the same music after the initial release. Depending on the version, Symphony of the Night is not the same levels or graphics. There are multiple versions of Revenge of Shinobi which replace various bosses for the Sega Genesis. Final Fantasy VI may or may not be the same code. Later versions may or may not use resources from earlier versions, sometimes a release is a completely new game with the same gameplay and aesthetic (this was especially true in 16-hit and earlier eras when arcade and home versions were complete reimplementations of the same game). They might have the same name, but at what point does the Ship of Theseus become a different thing?
  - kelnos 2y ago
    > They might have the same name, but at what point does the Ship of Theseus become a different thing? Who knows, doesn't really matter. Like with most things, the courts can determine on a case-by-case basis whether or not a particular thing currently on sale is similar enough to the old/original version of it such that the original thing should still hold copyright. Not really a big deal from a legal standpoint.
    - jonhohle 2y ago
      My original reply was to a post suggesting something go into the public domain so many years after it has stopped being sold. I was just trying to illustrate how quickly that becomes a tricky problem. I don’t think that concept is viable for other reasons, so hypothesizing is all we’ll ever have.

crazygringo 2y ago

None of that presents any kind of legal difficulty. If a game is recompiled under a new architecture, it's still the same graphics and text and levels and everything. It's not really any different from a new printing of a book in paperback instead of hardcover and in a different font. The copyright on those elements remains intact. If you're simply talking about access to previous versions for researchers and archivists, that's more of a question of archival practices than of copyright. Which is a very interesting conversation, but a totally separate one.

jonhohle 2y ago
It may it matter to you, but it certainly matters to competitive, speed run, and enthusiast communities around different games. I mentioned Sonic 3 because it’s not the same music after the initial release. Depending on the version, Symphony of the Night is not the same levels or graphics. There are multiple versions of Revenge of Shinobi which replace various bosses for the Sega Genesis. Final Fantasy VI may or may not be the same code. Later versions may or may not use resources from earlier versions, sometimes a release is a completely new game with the same gameplay and aesthetic (this was especially true in 16-hit and earlier eras when arcade and home versions were complete reimplementations of the same game). They might have the same name, but at what point does the Ship of Theseus become a different thing?
- kelnos 2y ago
  > They might have the same name, but at what point does the Ship of Theseus become a different thing? Who knows, doesn't really matter. Like with most things, the courts can determine on a case-by-case basis whether or not a particular thing currently on sale is similar enough to the old/original version of it such that the original thing should still hold copyright. Not really a big deal from a legal standpoint.
  - jonhohle 2y ago
    My original reply was to a post suggesting something go into the public domain so many years after it has stopped being sold. I was just trying to illustrate how quickly that becomes a tricky problem. I don’t think that concept is viable for other reasons, so hypothesizing is all we’ll ever have.