It should be. There are lots of good ideas of modifying copyrights so that its not the automatic 70 year after life of author (or what every it is now).

>unfathomable number of games that were released

One of the problems is that there are too many and hard to find curate to separate the good from the meh.

Wait til you hear it's (or at least was) possible to get dinged for 0.00 seconds.[1] That particular issue's probably solved by now, since Youtube requires claims to include a time stamp showing where the problem clip is. Nevermind the fact that wasn't a requirement to begin with. No wonder the corps ding every creator out there. It's free money with no downside to them. Nevermind the fact they're actively destroying culture.

[1] https://youtu.be/VvFGumd_esg?&t=685

> Nothing is stopping people

The original game might be stopping people. It's not like games have a good track record of continuing to work for decades. DRM of all kinds poses a huge problem in this regard, but so does garden variety technological change. The GOG preservation team has quite a few videos about deeply technical work they needed to do to make e.g. Prince of Persia run properly on modern PCs. Sure I can just pirate a copy for PS2 and run it with PCSX2, but thats “piracy" (even though I still have a working original disc!).

So, no: there's a lot stopping people, especially copyright law, from keeping around working copies of their games.

> copyright expires

Not in your lifetime. 70 years after death if the author brings us out into centuries. Books written 60 years before my kids were born won't be out if copyright until they are in their 40s, for example.

> Isn't that one of the whole points of copyright? So the authors can print new copies and not have to compete with other people releasing copies they made?

The more important point of copyright is 'to promote the progress of the useful arts'. The 'securing for a limited time to authors and inventors, the exclusive right to their writings and inventions' is just the means. Do the means in this case seem to work well in achieving that goal?

> Nothing is stopping people from keeping an archived copy until copyright expires.

Except the 70+ years it takes before you're legally allowed to publish it, or even just adapt it. If I'm going to play things by the book, even if I archive it when I'm 10 years old, sales stop on day two of the copyright period, and the rights expire the day after it's 70 years years old, I will be 80+ years old when I'm legally allowed to let people download it, or I myself can publish an adaptation (or more likely, I'll have died and my archive version will be lost in the estate sale).

Copyright law is about finding a balance between, on one side, incentivizing creators via granting them a legal monopoly on publishing, and on the other side, the philosophical notion of freedom of speech, which would allow anyone to republish, remix, and repurpose any preexisting work. The original formulation of this legal monopoly was that it was supposed to be short enough that it would expire well within the average person's lifetime, a notion which has long been gutted via regulatory capture.

I think the real tragedy of abandonware is that copyright holders aggressively pursued abandonware sites "just in case", while not actually having any plans to redistribute the games legally. The abandonware sites were cracking (or making cracks available, whatever) and making these games playable in modern devices, thus ensuring these games were preserved, but copyright holders (through ESA [1] legal action or similar) simply wanted to stop this, with not plans otherwise. These games often weren't available otherwise. We're talking games of the DOS or C64 era, with no real commercial viability (unless bundled with thousand other games, which they eventually sometimes did, often using the cracks developed by the abandonware scene!).

----

[1] https://en.wikipedia.org/wiki/Entertainment_Software_Associa...