Not disagreeing, but doesn't this pretty much happen anyway? Most games over ten years old are fairly difficult to find at retail, sans maybe a handful of carts at a local game store or the StarCraft Battle Chest. So really, most people just download them.bbad89 said:^Pretty self explanatory, I personally do
In my opinion, what's dubious is when developers fail to make games available in any capacity but nonetheless actively maintain and enforce their copyrights. Admittedly, the ease of selling games over VC/XBLA has limited these activities, but it still happens fairly frequently with PC games, as well as with consoles that haven't been thoroughly commercially emulated--Dreamcast, N64, etc (I recall getting a seize and desist from Capcom USA for downloading Dreamcast games in 2007 or so--I live in Canada, mind you--and this was before they'd brought DC games to PSN/XBLA). Anyway, it's behaviour reminiscent of absentee landowning, and who really wants to pay fifty bucks over eBay for a copy of System Shock 2?
It's hard to imagination a situation in which developers volunteered to surrender all of their copyrights over ten years old, but it would be nice if the practice of releasing freeware as a means of promoting new releases became more institutionalized. Part of the problem with this is that XBLA, VC, Steam, and PSN have all marketized older games so heavily that releasing, say, Blood over XBLA for free could be seen by other developers as déclassé, since it would be providing a free title that would be in competition with ones for sale.
So, basically there was a window of time in which it was possible that older games would've commonly become freeware--after the 16-bit generation, but prior to the Steam/VC/XBLA/PSN era--but it's been firmly closed. But did you really expect the game industry to do something altruistic?