My friend and I were discussing this over the weekend. Games are inherently different than movies, books, and music. They’re tied to specific hardware and operating systems that may not be available anymore.
I argue that if a game is no longer legally purchasable from the publishers or developer, it should be legally permitted to pirate it. Even EA agrees! They do not pursue copyright claims against LOTR games, as they lost the publishing license from New Line Cinemas years ago.
It should be the same for everything: if an ip is no longer used, it should be in the public domain. Therefore, a company holding said IP is forced to use it (as in selling copies) or give it up.
Yes. I can imagine a middle-ground of copyright. If the IP is still being used, it enters the public domain on the regular schedule. But if it’s abandoned, it enters earlier… perhaps after 5-10 years of non-use.