It’s amazing what a difference a little bit of time can make: Two years after kicking off what looked to be a long-shot campaign to push back on the practice of shutting down server-dependent videogames once they’re no longer profitable, Stop Killing Games founder Ross Scott and organizer Moritz Katzner appeared in front of the European Parliament to present their case—and it seemed to go very well.
Digital Fairness Act: https://ec.europa.eu/info/law/better-regulation/have-your-say/initiatives/14622-Digital-Fairness-Act/F33096034_en



Games should be required to have reproducible source for all components (client and server) sent to whatever the European equivalent of the Library of Congress is, to be made available in the Public Domain whenever the publisher stops publishing them.
I like it. If the publisher no longer sells/supports the full game as purchased, then they no longer to get to complain about people pirating it.
I don’t like instantly throwing it public domain, that’s the wrong license to use. I think Creative Common CC BY-NC-SA would be more appropriate. (Credit the original, no commercial use, and any modified/redistributed version must follow same license).
This will prevent xbox from taking all the old PlayStation games, stealing an emulator, and selling them under game pass to people that don’t know those games are freely available.
I’d also add the game must be available as an individual 1-time purchase. If it’s only available as a bundle or subscription service (like game pass), that doesn’t count.
The Public Domain isn’t a “license.” It’s simply the default state of a work when copyright is no longer being enforced for it. I’m saying that copyright should immediately expire for any published work that is no longer being made available by some entity with the right to do so (phrased carefully so as not to break copyleft licenses, BTW) and that anyone should be able to get it directly from a government archive of all Public Domain works.
As for selling Public Domain works, that’s always been allowed and I don’t see any particular reason to change it, provided that regulatory capture doesn’t result in the public archive being the digital equivalent of hidden away in a disused lavatory in a locked basement with a sign saying “beware of the leopard.” If the free option is prominent and well-known but you want to pay money for some reason anyway (in theory, because the person selling it added value in some way), that’s your business.
Yeah! Um… what is that again?
¯\_ (ツ)_/¯
If no such thing exists, they should create it.
Not sure about public domain. Perhaps a non-commercial license would be best - this way fans can carry on the work, but others wouldn’t be tempted to profit off of the IP.
The original duration of copyright was 14 years. Why should we legally stop anyone else from making a knockoff?
This would be the only type creative work that would be burdened like this.
I find it paradoxical that we’re trying to save the gaming industry by burdening (mostly) small developers. Larger studio will no longer be able to abuse the system, but complying will be easy for them.
For indies and small to medium studios though? They struggle enough as it is. Adding the burden of compliance on top is not a great idea.
If we could legally categorize studios in a meaningful way, and therefore target the big ones and leave indies alone, I would support such an idea.
It’s the only type of creative work that needs to be burdened like this, as all other types of works have always been “self-contained” (for lack of a better term) with no continued reliance on the publisher after the purchase.
Ditto with older games, BTW: you’ll notice that this “Stop Killing Games” movement didn’t start until the game industry started using tactics like DRM and “live service” architectures to forcibly wrest control away from the gamers. Before that, people could just keep playing their cartridges and CDs and even digital downloads, and hosting multiplayer themselves using the dedicated server program included with the game, in perpetuity and everything was just fine.
The industry got fucking greedy and control-freakish, and this is the inevitable and just attempt for society to hold it accountable.
I find it weird that you’re making what seems to me to be a strawman argument about “burdening (mostly) small developers,” as I’d say they are mostly not the ones trying to do this bullshit where they try to retroactively destroy art and culture because it stops being profitable enough. Indie studios typically don’t design their games to use publisher-operated servers with ongoing costs attached in the first place, let alone to self-destruct when they shut off!
Releasing source code isn’t without extra work. My point is, unless you make sure to specifically target the companies abusing gamers, you’re going to mainly hurt the part of the industry that is not the problem.
There’s no need to release any source code if your game doesn’t require an internet connection to your server to run in the first place.
Do you think only big studios make games that need an internet connection? Or why is this comment relevant?
The important part is “to your server”.
Mostly big studios/publishers put “always online” requirements in single player games for a start. And even if it’s not only big studios, those requirements can be omitted without effort (if anything it reduces effort to not put them in).
Multiplayer games are a different beast, but I’d argue that yes, small studios rarely make games that exclusively rely on the developer’s own servers for multiplayer. That is because they are smaller studios and server architecture for a multiplayer game is a big investment for them. Even if I’m wrong there, future games can be designed with the legislation in mind (this would not affect existing games retroactively) and don’t have to keep using centralized server architecture for everything.
Again, I never disagreed with the issue: (90%) solo games requiring an internet connection disappearing suddenly is a major issue in the gaming industry
I disagree with the solutions people want for it, which I find shortsighted.
And yes, such a legislation would force to rethink some designs, and force using one over the other not because it fits the final product better, but because it does not have the additional pressure of compliance. And that, I think, makes it a poor solution.
What I’d like to see is something similar to minimal warranty in the EU. So, a game has to provide X years of playability, clearly shown on the product page/box. They can guarantee longer if they wish. They then have a legal obligation to keep it online. Add to it a mandatory warning X years before shutdown.
Then the consumer is no longer deceived, and the studio has less pressure to comply with EoL requirements.
And why not make releasing the source code a viable way to comply with these requirements, and have a special label for “forever playable” games, either fully singleplayer or through code release.
Just don’t force every studio to release their codebase.
It’s not “extra” if it’s a legal requirement.
More to the point, I’m not saying it has to be licensed as Free Software or that it has to be made immediately public. I’m saying that a copy needs to be sent to a government archive, regardless of how messy it is, so that the government can make it public later when the company doesn’t care anymore.
This shows me you don’t work anywhere near software. It is not as easy as you think it is.
Don’t try being reasonable, the SKG people don’t understand reason.
If a studio is using the same base architecture for online services as a game that is currently active, you want developers to share their current live architecture and code?
Yes.
If they don’t like it, they can keep supporting their older stuff. Or better yet, rethink their decision to impose a “live service” business model now that they’d actually be held accountable for it, and consider going back to giving users the means to run their own servers.
(Also, by the way, “security by obscurity” is bullshit. If disclosing their server-side code leads to exploits, that just means they’re fucking incompetent. I have no sympathy at all.)
Set the launch arguments of any Unreal game to “-log” and get back to me on how many lines of log types LogEOS* it spits out before the main menu loads. That usually interfaces SteamOSS, so if there are a low amount of EOS logs they will show up as LogSteamOSS. That is the best hint I can give.
It sounds like you’re trying to “hint” at the idea that a bunch of games are using Epic Online Services and/or the Online Subsystem Steam API associated with it, but beyond that I don’t understand what point you’re trying to make.
If you’re trying to obliquely cite that as some kind of counterexample where it’s reasonable for a game’s source code to remain secret just because part of it is that library, then no, it fucking isn’t. I can’t tell whether EOS has the source code available along with the rest of the Unreal engine or not, but if not, it ought to be and IDGAF about any excuses Epic might have for not making it so.
If you are so hell bent on being right or knowing the answer. You could sign all of the Steam, Epic, and SDK NDAs to get access to all of the documentation.
LOL, what? You’re the one trying to make a point here, not me. Spit it out. I’m not gonna do your fucking work for you!
Nobody can be forced to keep supporting their older stuff forever, assuming it is even possible.
There are solutions to keep a server online or to give ways to run a local server (a docker image comes to mind), but you cannot think a company will keep a server active after years to just make few dozens happy with all the implications.
I agree on the spirit of the initiative, but I cannot really see how it can carried out: my fear is that some types of game will not be sold anymore in EU: no legally sold copies, no legal obligation to keep the server online forever. And in this case we all lose something.
Disclosing server-side code can leads to exploits, true, but I would not call them incompetent: they are not foolproof or omniscent.
No shit, Sherlock. That’s why the tenable and preferred option is for them to give it up once they’re done profiting so that the public can do it themselves instead.
LOL, nothing but FUD. Game publishers made plenty of profit before they came up with this “live service” bullshit, and they’ll continue to make plenty of profit even after we stop allowing them to screw over everyone too.
In case you weren’t aware of it, the only reason we grant copyright to creative works in the first place is to encourage more works to be created and eventually enrich the Public Domain. If the works never reach it (because the publisher is using technological means to destroy it before copyright expires) then they have broken that social contract and don’t deserve to be protected by it in the first place.
These live service game publishers are trying to eat their cake and have it too, and they simply aren’t entitled to that. The fact that they’ve been getting away with this theft from the Public Domain is unjust and must stop.
As I said, it is my fear, I don’t speak for anyone else than me, if we are discussing about something it is not that every doubt or fear I can have is automatically FUD.
I know game publishers made a lot of money back at the time, but I am afraid that this “live services” bullshit was added to solve a problem: back at the time to play with your friends means setting up a lan party, which means to move PC, monitors and everything else (aside to have the space to do it). It was funny but had its limits.
Initially live services solved this.
And in the end we gamers are partially responsible for this situation: if we buy games that only work with a live service game publishers will continue to make them because they will make money from them. Stop playing these games and they will not make them anymore.
Nobody think that a car manufacturer need to continue to have spare parts for cars it don’t sell anymore, even if they are still on the roads (Actually, here there are laws here that require manufacturers to ensure the availability of replacement parts for ten years after a car model is discontinued), why game publisher should do this ?
Which is an interesting point. Copyright lasts how many years ? 70 after the death of the author ? So as long as the copyright do not expires, they are within their rights.
Did this means that they are force to maintain it when no one pay for it anymore ? No.
No, they simply don’t want to maintain something that do not even pay for itself, and I undestand it.
Nah, if the publisher stop selling a game, just make him to release a docker image for the server and the game patched to use such docker image. No source code needed (even if it would be nice).
Pardon my French but would you please kindly fuck off with “container solutions”? Cheers.
Look, I don’t really like container, I would not suggest they are the solution for everything, but in some cases they have their use.
I see this as one of the cases where a container can have a use. You can also use a virtual machine if you want, the point is to have something that can be run even if the original OS or libraries needed are not available anymore because they are too old or have some incompatible changes, which in the case of old game server can happen, especially if you want to keep it running for many years after the release.
I firmly disagree that this would be a good use case. Allowing this kind of container shenanigans would introduce more incompatibilities than it solves.
Why ? Any technical reason beside your dislike for containers, in this specific scenario ?
Remember that we are talking about software that probably is built with older version of the OS as target, using older version of tools and libraries. The source code could not be compilable anymore without a porting, which can be not that easy.
It depends on your objective.
If the goal is to be able to continue to play a game which require a server, having the publisher to release a container solve your problem, you just run it and you can continue to play the game, which if I am not wrong is the ultimate goal of all the Stop Killing Games initiative.
If the publisher only give you the server binary (and all the dependencies) there is way to be sure that the next OS update does not break something, assuming you are able to run it in the first place.
The source code you say ? Fine, when the copyright end, after 70 years, they will release it in the public domain, until then… good luck, laws are on their side.
Because jailing a container is even harder than jailing an application. “But a container is already jailed” you’ll say - I don’t trust any jail that I can’t choose & configure myself.
How about: document the requirements for the execution environment (in industry this is called an interface definition document), based on which the gaming community can then generate their own container configs if they like, but no one has to run stuff in a container.
Fair enough.
Also a good solution but you will end up in a container anyway once the requirements will become too old to be satisfied on a current OS.
That might be - but depending on the platform, that container is trivial or not necessary at all (e.g. wine on Linux still runs 16 bit executables with just a config file). Also, until then, I can continue to run the game without worry. E.g. Unreal Tournament 99 still worked out of the box (last I tested) on Debian 12 - haven’t tried it yet on Debian 13.
Yes! I hate Docker and containers. Just let me install the fucking app on my machine!
Oh yes, You can.
Then your game server will stop to work at the next os update and you will not have any chance to fix it thanks to some incompatible change in some part of the OS or libraries.