I’d modify that to “as long as the IP owner wishes retro sales exceeded the cost to lock the device down.” After all, lots of games are completely unpublished today, making $0 in sales, but they’re just as zealous about stopping you from accessing or playing those ones too.
A reasonable compulsory license fee (all paid to the copyright office, none to the corp) and/or a revocation of copyright and entry to public domain for failure to maintain published access would be good sticks.
