Until we change the law to reflect this, and you're going to have to change international law (the Berne Convention) to make that happen, you're going to have corporations like Nintendo using...
I would argue that the profound impact of their products on people all over the world loses them (Nintendo) the privilege to withhold and direct the ultimate fate of their old games, because they're now too important to trust in the hands of one company, rather than a collective of people.
Until we change the law to reflect this, and you're going to have to change international law (the Berne Convention) to make that happen, you're going to have corporations like Nintendo using every tool available to protect their distribution monopolies on manufactured pop culture for no other reason than to avoid getting smacked with a due diligence lawsuit by litigious shareholders.
I believe this is a duplicate of this.
You may be interested in the discussions there.
Until we change the law to reflect this, and you're going to have to change international law (the Berne Convention) to make that happen, you're going to have corporations like Nintendo using every tool available to protect their distribution monopolies on manufactured pop culture for no other reason than to avoid getting smacked with a due diligence lawsuit by litigious shareholders.