hansschmucker: It would need some substantial changes to copyright law to make this work, and as there's a notion right now that IP is king I just don't see it happening. If there were a few historians among all those lawyers that currently make the laws we might have a shot, but right now: Not a chance.
What I'm talking about is that copyright was pretty much invented as an incentive to produce immaterial goods. It's an artificial constructs that we, the society have created, not a natural law. And as such, it should no longer apply when the harm from it is greater than the benefit to the creator. That's how it was intended. So in an ideal world, when sourcecode is no longer in use, it should fall into the public domain.... combine that with a WORKING international archive and the situation would improve.
Sadly when a politician even starts talking that way (and very few do as most have the perception that copyright is "natural law"), you can see the lobbyists already digging his grave.
I am of the firm belief that all of these old games should be archived in some way for later generations to see and appreciate or deride. In a way, games are kind of like our version of cave paintings, don't you think?