Why the Stop Killing Games Initiative Misses the Mark

Sergio Ferreira, a UK-based intellectual property lawyer, shares his insights on the Stop Killing Games petition, highlighting the need for a nuanced approach to game preservation. The petition, started by YouTuber Ross Scott, aims to prevent games from being taken offline, but Ferreira argues that it fails to account for the technical and legal realities of online gaming. Not all games are created equal, and online-server dependent games like Fortnite and Destiny require significant infrastructure and maintenance to function. Simply 'flipping a switch' to make these games self-sufficient is not feasible, as it would require extensive engineering work and potentially breach contractual obligations. Furthermore, licensed content, such as music and likenesses, can complicate the preservation process. Ferreira suggests that a more effective approach would be to require games to disclose their server dependence at the point of sale, allowing consumers to make informed decisions. He also proposes a tiered preservation framework, where developers can choose from different levels of preservation effort, including limited offline modes, partnerships with preservation institutions, and escrow arrangements. This approach would balance developer flexibility, commercial realities, and consumer rights, encouraging the market to reward preservation practices without imposing heavy-handed mandates. Ultimately, Ferreira argues that preservation matters, but it must be approached in a way that reflects the complexities of IP law, contract obligations, and server infrastructure.