The Video Game History Foundation says Nintendo classic game policies are destructive, following news that both the Wii U and 3DS digital eShop stores are shutting down.

While you may have never heard of them, the Video Game History Foundation is a fan-run group that actively seeks to preserve video games.

The previous generation eShop stores shutting down effectively cuts off access to a number of games, which Nintendo already confirmed they have no plans to offer classic games outside Nintendo Switch Online.

As with any older gaming hardware platform and especially recent digital-only games, game preservation has been an ongoing concern for enthusiasts due to most companies not really caring about preserving their games, for historical purposes or for future generations to enjoy.

The VGHF alleges that Nintendo even “actively funds lobbying that prevents” actual libraries from providing legal access to their games.

The VGHF then goes on to say it’s understandable not providing “commercial access” to classic games as that is their right as a company and IP holder, but “preventing institutional work to preserve these titles on top of that is actively destructive to video game history.”

Here’s the word from the Video Game History Foundation:

While it is unfortunate that people won’t be able to purchase digital 3DS or Wii U games anymore, we understand the business reality that went into this decision. What we don’t understand is what path Nintendo expects its fans to take, should they wish to play these games in the future. As a paying member of the Entertainment Software Association, Nintendo actively funds lobbying that prevents even libraries from being able to provide legal access to these games. Not providing commercial access is understandable, but preventing institutional work to preserve these titles on top of that is actively destructive to video game history. We encourage ESA members like Nintendo to rethink their position on this issue and work with existing institutions to find a solution.