Last week, the Video Game History Foundation (VGHF) released a expressing its regret that the US Copyright Office’s refused to grant an exemption to the Digital Millennium Copyright Act (DMCA) to help preserve rare video games. However, the VGHF continued by saying it won’t back down and will continue advocating for improved video game preservation.

For some context, the VGHF had been a longtime supporter of the Software Preservation Network’s (SPN) petition to receive a for the sake of preserving video games, especially for researchers who need access to them and can’t do so due to unavailability. As the only currently legal way is to get a legitimate hard or soft copy of the game and play it on its corresponding console, researchers are encountering difficulties in progressing in their studies. Piracy would be illegal, of course, which is why the SPN is fighting for an exemption. However, there are those who don’t see things this way.

Despite not convincing the Entertainment Software Association (ESA) and the US Copyright Office, the VGHF doesn’t regret supporting the SPN’s petition for a DMCA exemption. Its goal, and that of several like-minded organizations (as mentioned by ), is to help preserve out-of-print and obscure video games for future generations to enjoy. The petition sought to allow researchers to access these games remotely from libraries and archives.

The ESA pushed hard against the petition, refusing to allow any remote game access whatsoever. ESA members have even ignored calls for comment on the situation, reports. As the VGHF says, researchers are now forced to use “extra-legal methods to access the vast majority of out-of-print video games that are otherwise unavailable.”

Three years of fighting for a cause and not giving up shows that the VGHF remains committed to video game preservation. The organization ended its statement by calling game industry members to support its cause.