

I like it. If the publisher no longer sells/supports the full game as purchased, then they no longer to get to complain about people pirating it.
I don’t like instantly throwing it public domain, that’s the wrong license to use. I think Creative Common CC BY-NC-SA would be more appropriate. (Credit the original, no commercial use, and any modified/redistributed version must follow same license).
This will prevent xbox from taking all the old PlayStation games, stealing an emulator, and selling them under game pass to people that don’t know those games are freely available.
I’d also add the game must be available as an individual 1-time purchase. If it’s only available as a bundle or subscription service (like game pass), that doesn’t count.



I agree, if an IP is abandoned then someone else should be allowed to do something with it.
For this post I was talking about the game that was already made and distributed, not just the idea or characters.
I’ll use Mario Kart 1 for example, if Nintendo doesn’t sell that game anymore, then the game is made publicly available.
If the IP is still in use that A) doesn’t exclude Mario Kart 1 form becoming available, B) doesn’t allow competitors to sell modern Mario Kart games (trademark) and C) prevents someone from taking a 30 year old game and just reselling it on their store.
IPs are much more messy to handle, as it’s less a final product and more of a concept. Creative rights should stay with the creative people not a publisher.
If Nintendo decides to drop Mario, but the actual creator of Mario still wants to work with a different publisher, they should be able to do that before the IP becomes freely available for anyone to take over.