La France Insoumise presents video game preservation proposal

On October 29, La France Insoumise, a left-wing political group in France, will hold its parliamentary day to present legislative proposals to the National Assembly. One of these proposals, authored by Ugo Bernalicis, a member of parliament from the Nord, seeks to give players more control over their video games by expanding the role of the National Library of France (BnF) in archiving them.

BnF to preserve digital games

The BnF has been archiving video games since the 1992 legal deposit and currently holds over 25,000 video games and consoles. La France Insoumise intends to modify the BnF’s responsibilities to include games available only in digital format, ensuring their continued playability beyond commercial exploitation. This would involve managing games no longer supported by their publishers through a public platform.

Legal and intellectual property challenges

Ugo Bernalicis explained to BFM Tech that the proposal would involve managing games no longer commercialized or supported by their publishers through a public platform. He noted that while players currently enable games to be playable again, issues of intellectual property and legality often arise. He mentioned that if a publisher were to oppose this, it is possible, though rare, as these projects are often no longer profitable.

Existing preservation efforts

Preservation initiatives already exist, such as Gog platform's program, which maintains old games and sometimes improves them for modern computers, removing DRM protections in the process. Ugo Bernalicis stated that citizens using the BnF platform to purchase games would contribute to the initiative's budget, but the state budget would also need to support it. He emphasized the need for the BnF to have adequate funding for its current missions.

Broader video game sector reforms

The proposal aligns with a broader project mentioned in the presidential program of Jean-Luc Mélenchon: the creation of a national video game center, which would replace the National Center for Cinema (CNC), currently responsible for video game sector credits. La France Insoumise aims to "rewrite the cards" to favor small studios over large structures that rely on tax credits while laying off employees.

Funding and current support structures

The CNJV, to be funded through a tax on video game creation (at a fixed rate of 5.15%), would, along with the BnF, manage an archiving and replayability platform. A tax on physical games, proposed by Ugo Bernalicis in the podcast Player Two, appears to be set aside at this stage. He noted that the CNC currently provides limited support to the video game industry through selective aids, partly due to the absence of sectoral taxation.

Platform as a catalyst for game servers

The proposed platform would serve as a "catalyst" to enable the creation of dedicated servers for online games, ensuring they remain technically playable. Ugo Bernalicis referenced Counter Strike's success on private servers as an example. He dismissed arguments from publisher representatives about technical and financial challenges in maintaining game playability, stating that if player communities can reverse engineer and fix games, it should be possible for publishers as well.

Amendment to remove DRM and anti-cheat measures

An amendment to the bill aims to require publishers to remove DRM protections and anti-cheat software, which can make games unplayable due to technical changes. Ugo Bernalicis argued that consumer law should be adjusted to rebalance the power relationship between consumers and publishers. He emphasized that the continued playability of a game should be considered from its conception.

Industry concerns and cost estimates

The Syndicat des éditeurs de logiciels de loisirs (Sell) expressed concerns about the technical, financial, and architectural challenges of allowing third parties to exploit private servers. However, the Stop Killing Games initiative estimated the cost of maintaining game playability to be less than 1% of a game's total budget, citing Alderon Games' experience with their upcoming game Path of Titans. The studio estimated the cost of preparing a solution from the start to be between 5,000 and 20,000 euros, compared to tenfold if prepared after launch.

Reforming the video game industry

Ugo Bernalicis described the proposal as an effort to "rewrite a sector" based on a capitalist, ultra-liberal system without real rules. He mentioned the Video Game Workers Union and the potential for France to influence the European Union to improve consumer rights. He concluded that video games are a significant part of modern life, and the world is moving forward without waiting for politicians. The law will be debated in the National Assembly on October 29.