What with all the layoffs across the games industry to compensate for rampant budgetary overspending in publishing, the reality behind keeping retro games within a paid walled garden is about charging new money for old rope and controlling the market to force gamers to play new games.
The specific quote is that “there would be a significant risk that preserved video games would be used for recreational purposes.”
This explains why people like Jim Ryan hate retro games. They think these older games would cannibalize sales from newer releases, which is uniquely stupid.
I think if copyright is going to exist you should have a requirement to make the copyrighted works available, otherwise you lose the copyright.
Copyright is supposed to be a temporary exclusive right to sell a work in order to profit from the production of the work. If you’re no longer selling it, you lose that right.