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The courts have nothing to do with publishers releasing their products on another platform. The only way it wouldn't be possible would be if the publisher had a contract with a specific console in which they agreed to exclusivity to that console
Also keep in mind that "preservation" is something people make up as being important. Obviously there is no court that will rule about it since it's not obliged to preserve things like games to begin with.
Also assuming that the developer/publisher didn't have an exclusivity deal with the platform it was first released on
SEGA, Capcom, Konami, Bandai/Namco
Can they do this with stuf they don't own the rights to?
NO.
I always thought they call it preservation to justify their (depending on country) non legal way of obtaining the stuff. (aside from the term abandonware)
But that's the catch: licenses.
Often licenses have an expiration date. We've seen a quite few games get pulled from the sale because the licenses to music, likeness, whatever, expired and the publisher felt it wasn't worth the effort or cost to extend the licenses.
Once a license expires, a publisher has to make a choice: either pull the game from sale or task the devs to remove/replace said material. Either solution incurs a cost that has to be justified against possible future sales.
A publisher can't just sell a game with unlicensed content. It puts them financially at risk as well as the distributor, this being Valve via Steam. And a judge isn't going to tell artists that they have to give away their intellectual property "for the good of the gamer!!!" Artists got to eat too.
So there's often a long costly process to release an old game for sale. Perhaps if there's enough general interest, they'll do it. Otherwise, fire up those old consoles.
yes but what i'm talking about is soon to be forgotten media not something like amazing spiderman or whatever which is still recent and still has a chance to make sequels, surely the passage of time requires few rules to be skewed in favor of humanity. publisher also need money to stay active and a profit is what ensures that. maybe let the people vote?
That would not only be up to the publisher (Activision, now Microsoft) but also Sony/Disney.
Again the only rule is if they are allowed to sell it, with ones like the Spiderman game they don't own the license and the law beats people wanting to play older games.
Just because time has gone by doesn't mean the law is ignored and companies have their rights taken away.
damn man this is just needs of the few over the needs of the infinite many, humanity needs to think about preserving media, not squabbling over money
It's not only about money, it's also about IP ownership.
too bad those ips like i-ninja are forgotten and dead, no one is gaining anything and courts need to see that for the betterment of humans
You have to respect the law, companies have a right to control their products, and you don't have a right to a video game just because you didn't buy a game that isn't available. Besides the issue isn't that the media isn't preserved. Anyone who bought it owns it and can make a copy, the issue is YOU don't have it available
In the case of Spiderman the IP isn't dead or forgotten, the studio that made the game is no longer authorized to sell it by the IP holder.
Don't worry though the media is preserved and anyone who bought it has permanent access to it - https://steamcommunity.com/app/212580