amok: long time ago, it was even an Enigmatic-T post. It was in one of the blue threads at the time, coupled with something silly about going for Moby game ratings at the same time.... not sure where it was now, but I remember being very annoyed by it at the time.
Fever_Discordia: Ooh I dunno, I'm not sure I'm remembering exactly the right thread but I'm thinking the post may have been more about reminding everyone that GOG follows a 'boutique' model of having a limited number of quality games and staggering releases so each game has time to shine rather than trying to go around grabbing up the rights to sell every obscure average-to-poor game as if they are Pokemon just because they're over a certain age
I mean before GOG I was quite into MAME arcade emulation and while that scene does have a dubious legality angle and its share of kidiots it's also a preservation project and some of those guys will go to enormous lengths, using their own time and money to source obscure revisions of obscure arcade boards even if they turn out to only be a handful of bytes different to dumps that are already out there so I would support the 'Pokemon' model if that's the way GOG had decided to go but they haven't...
It is also about how gOg goes about doing things. Sure they will be happy selling old games here, but the feeling I get now is that they no longer so actively go out to get them. Part of the problem is that many of the 'lost' games need a publisher (i.e. an insurance company is not going to be publishing a game, even if they hold the rights to it....) and gOg will not step in to fill this hole. This is where, for example, Night Dive and DotEmu have a different approach, and are not only willing to sort out the legal mess, but also take on the responsibility of publishing them. For games like those mentioned here, I have much more faith in other actors than gOg getting them into the public again. And that post back then.... it did not make me have more faith in them.
amok: Witchhaven was published by IntraCorp, who owned Capstones. IntraCorp folded with Capstone (or rather the other way arond....) So the rights to that one is held by.... whoever got it from the corps of the company in 1996....
snowkatt: assuming it was picked up
somebody would have. Be it the bank, whoever rented them offices or the water-boy for salaries owned. All assets would have been sold of and distributed. It may even be in the hands of one of the main designers.