Capitalism is killing art, in every part of the process. From the creation, the consumption and finally the preservation. In this serious of essays, we'll be looking at the preservation in particular. Looking at the ending of the process, and working backwards, will help give us a stronger understanding of the concepts and powers at play in the production, for the preservation and consumption directly effect the creation. This first part of the series will look into the effects of capitalism, and private property, more specifically intellectual property, on the preservation of art and the methods of art preservation that are at odds with capitalism.
An important part of the process of preserving art is making sure that the art work can be experienced by as many people, for as long as possible. When it comes to video-games in particular, there's plenty of fans who are dedicated enough to the art for to make sure retro games are always playable for a more general audience, and with as much accuracy to the original experience as possible. These dedicated fans create emulators, software programs that are able to replicate the functions of older video-game consoles, in order to allow older games to be easily playable to modern gamers.
Emulators themselves, are fully allowed under the law [1], however we do encounter a problem. The data that emulators are designed to read, is often illegal to distribute on the internet. The spread of this software, the actual data of a particular video game, is considered digital piracy, a theft of intellectual property[2]. This is an argument often used by corporations like Nintendo to shutdown websites that host these data files[3]. However, these same corporations often give no good alternatives to emulation, and in extention this piracy.
Many of these companies do not re-release these games, at best they may remake them or occasionally offer a limited selection on their own emulators, which can often have errors or be tied to a subscription service, as is the case with Nintendo.[4]
The preservation of these games often come down to an effort from the fans, an effort that is in direct conflict with the intellectual property owners. Without emulation, many more obscure games, and a good number of games with complex licensing agreements, would be permanently lost to time.
I would like to take the time to look at two examples in particular, Metal Gear Solid (Game Boy Color, also known as Metal Gear Solid Ghost Babel in Japan) and Mother 3. These examples are far from being the only examples worth talking about, but I think they both greatly exemplify the ideas I wish to discuss.
Metal Gear Solid (Gameboy Color) which I will refer to as Ghost Babel for the rest of this essay, for simplicity and to avoid confusion with Metal Gear Solid (PlayStation) which is a completely different game, is a game released in 2000 by Konami for the Nintendo Gameboy Color. The game was a spin-off of the Metal Gear Solid series. The game has never been re-release.
This is primarily due to the lower sales of the release brought in compared to any mainline Metal Gear Solid game (all of which have been re-release and remastered many times) and the little market demand, especially in the AAA gaming world that Konami is a part of, for 2D stealth action games. There is little profit to be found in porting over Ghost Babel to more modern systems, so it just isn't done. Art that isn't profitable is cast aside by the capitalist.
The only way to play this game, and comply with the laws of a capitalist society, is to own a Gameboy Color, Gameboy Advance or a DS (but not a DSI or 3DS) and an original physical copy of the game. All these items are no longer being produced, they are all in the second hand market, and as the supply will never rise, the prices can tend to get high pretty quickly.
Not only is pricing an issue, but these objects will not last forever. The cartridges used to store the data of Gameboy Color games have batteries that will one day die, preventing saved data from being written on them[5], and the electronic parts in these systems, and in the cartridges, will one day fail as any other machine will without constant maintenance. Preservation through the ownership of the original hardware is limited in scope, and is doomed for failure.
The only method of preservation that solves all these problems, the problem of limited supply, high prices and degradation of hardware, is digital emulation and piracy. This is however, in direct conflict with the intellectual property of the capitalist. The capitalist wishes to actively suppress these acts of preservation in the name of preserving their intellectual property[6]
Mother 3 is a video game created by Nintendo that has never been released outside of Japan. The reason for this is once again a profit one, Mother 2 (know simply as Earthbound outside of Japan) did not sell well at all when it first came out and Mother 1 was never released outside of Japan untill way later, where it got a digital release, do to the growth in a western Mother Fandom. The Mother series has a very particular style and humor, that doesn't always sell as well with western audiences, making localization a process that yealds little profit, thus the localization is never made.
For anyone who lives outside of Japan, the only way to play this game is illegally. You must rely on fan translation and emulation. No one other than Japanese people, or people who know Japanese, own a Japanese Game Boy Advanced, and have a copy of the game, can play it without going in direct violation of the interests of the capitalist and violating their intellectual property rights.
Video-games are far from the only art from that's preservation is at threat from capitalism. Music is another art form that has been plagued by intellectual property. From songs that quote passages of other songs, to song that uses samples with licensing issues, so much art has been altered, limited or destroyed by capitalism. I'll be looking at three different examples.
The Gun Song by Car Seat Headrest has two versions, the original version of the song, and the No Trigger Version. The differences between these two versions is pretty simple, the no trigger version is what you'll find on streaming services, and the original that is only available on the Bandcamp version of the album. The reason for this is a lyric change due to copyright issues.
The original version of the song end with the lyrics "Down by the river, I shot my baby" sung with the same melody as the song Down by the River by Neil Young. Do to the shared melody and lyrics, this caused copyright issues. All releases of the song, other than the original independent release, have been altered to cut this part out. This song, as it was intended to be heard, has become difficult to access for most people.
The album Everything is a Lot by Will Wood and the Tapeworms was drastically altered when it was remastered, because all the samples used in the original ran into licensing issues. This lead to the more accessible version of the album (the only version getting physically releases) missing important parts of songs, in particular, the vocal send off on the track "Thermodynamic Lawyer" which originally opened with a sample from the movie Liar Liar, but now just opens immediately into the song, removing a lot of the punch of the original
The Faces mixtape by Mac Miller has faced a similar treatment to that of the Will Wood album, but on a more severe scale. The version of the album available on streaming has been gutted of many of it's samples (at least 9).
Now, it's time to talk about how all these issues are an intrinsic part of capitalism. Capitalism as a system prioritizes one thing above all else, capital. Capital is itself a form of private property, and intellectual property is an idea or artistic expression turned into private property. The property holders will defend their right to profit off this property using the violence of the state, using the power of law to punish those who violate their property.
This become a problem for art when the profit motive gets involved. Profit is the driving factor behind all of these anti-preservation decisions we have discussed here today. With video-games, companies want to continue to indefinitely make a profit off of their old creations, but fail to offer an adequate way too, and often prioritizes only the cash cows. When the public tries to take this into their own hands, out of the love of art, they get punished. Their preservation is a threat, because they allow all games to be preserved and experienced freely, even the cash cows that corporations don't wish to abandon.
As for music, record labels (and in some of these cases film studios who own sound bites) want to profit off of royalties. When a song uses a sample, a good bit of the profit made on that song goes to the owners of royalty licenses, despite the fact that their intellectual property often makes up only a fraction of a truly transformational work. When they can't make their royalties, they leave the work to die.
Capitalism, primarily through the medium of intellectual property, a form of private property, actively disrupts the preservation of art. It seeks to destroy methods of preserving art that would eat into the profits of capitalist, without offering a viable alternative except when it seems financially beneficial to the capitalist.