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The problem is that for game ROMs specifically, opening them to the public domain devalues potential opportunities for re-releases and remasters. The Nintendo virtual console service and S/NES classic are prominent examples. So it isn't so simple that there is "no harm done" by forcing game ROMs to fall into public domain.

That all being said, I still agree with you. I really don't care how much money Nintendo, Microsoft, or Sony wants to make on decades-old games, at a certain point it becomes a cultural artifact. Snow White and other century-old movie properties should be public domain nowadays as well. At this point we're debating about the core values of trademark law though, and I'm not sure you wanted to do that.

A similar debate revolves around what the law should say about "dead" games. These are games that, for example, rely on a central server that has been shut down. Many of these games were incredibly popular in their day, and some "radicals" (like myself, lol) argue that game companies should be compelled to release the server source code in an effort to preserve the game. Here's a great overview/rant on this topic: https://www.youtube.com/watch?v=tUAX0gnZ3Nw




> I really don't care how much money Nintendo, Microsoft, or Sony wants to make on decades-old games, at a certain point it becomes a cultural artifact.

Why does time need to pass for that to be true?


Fair, perhaps a better phrasing of my idea is "at a certain point cultural artifacts should have a guarantee of preservation".


That idea isn't radical, it's laughably naive.




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