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Spotlight on Game Publishers: EA and Infogrames

To determine if abandonware is as clear-cut an issue with game publishers as it is with the IDSA, we approached a handful of companies for their opinion. Just how sensitive is this topic? Sierra, Activision, and Interplay refused to comment. However, three publishers--Electronic Arts, Infogrames Entertainment, and Bethesda Softworks--each agreed to discuss their views on abandonware.

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People play classic computer games for the same reason they watch reruns on TV.
Jeff Brown, vice president of corporate communications at Electronic Arts, says he understands why veteran gamers would be interested in classic computer games of yesteryear. "Gamers will always have a place in their hearts for the titles we grew up on--people play classic computer games for the same reason they watch reruns on TV," says Brown. "However, like [TV reruns], video games cost money to produce and remain the intellectual property of the people who created and own them."

Brown also says there are a few alternatives to abandonware, like stores that sell classic games at a discount or Web sites that offer free downloads that are supported with advertising. EA actually does this with Madden NFL 95 and SimCity Classic on its Web site. "In those scenarios, the owners of the intellectual property are being compensated for their work, much like producers who get residuals for syndication of their old shows," says Brown.

Brown also agrees with Lowenstein--when a game is distributed online without the consent of its owner, it represents theft of intellectual property. "In those cases, the owners/creators have several avenues of recourse--they can call the distributor and ask them to take the game down, call law enforcement, get the Web site shut down, and pursue civil action against those who offered the game."

"We pride ourselves in aggressively protecting our intellectual property rights, and we frequently pursue those who try to distribute our games without permission."
-Jeff Brown, EA corporate communications vice president
For the record, Brown confirmed that there are no Electronic Arts games that the company considers to be abandonware. "We pride ourselves in aggressively protecting our intellectual property rights, and we frequently pursue those who try to distribute our games without permission."

When asked to provide an example of such an effort, Brown replied, "Without making reference to a specific case, I can tell you that yes, EA has taken action against sites that sought to distribute our intellectual property without permission. [I] can't offer any more detail other than to say that we take this very seriously and we'll pursue every instance where we think our rights have been violated."

To see if Infogrames agreed with Electronic Arts, Jason Bell, senior vice president of creative development at Infogrames, was also questioned on the abandonware controversy.

"It's a hard call for the publishers," says Bell. "Obviously, most of these games can't be supported or warranted--publishers often get slammed for problems with an old product that is past its day and is no longer designed for current systems or has been tweaked or corrupted by others. Demand doesn't justify releasing and remarketing the title, while on the other hand, most publishers don't want to be the bad guys who are withholding someone's favorite older game from general availability."

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Does nostalgia really justify downloading a game you didn't buy?
To Bell, gamers may flock to abandonware for the same reason that people enjoy older films and television: "There is nostalgia attached--maybe players want to go back and play something they once found particularly enjoyable. Or maybe the game just reminds them of an earlier period in their gaming life."

And while he may seem to take a more permissive stance than EA, Bell does mirror Brown's sentiment on the seriousness of the matter. "This does not mean that a game becomes part of the public domain; it's intellectual property that remains quite valuable to the publisher."

But does Infogrames believe that freely distributed abandonware can hurt its franchises? Or could it help them? Says Bell: "Most of Infogrames' energy and resources are devoted to moving forward to new intellectual properties and new iterations of classic games, and we do take protection of our copyrights seriously."


 
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