Did you know that in spite of all Nintendo eShops, Virtual Consoles and Classics Collections, only about 25% of the more than 700 games released on the original Nintendo Entertainment System have been available in some form on new hardware over the last five years? Yes, the emulation software and the ROM area's debate is not an exclusive Nintendo issue, but the current lawsuit against websites that host the files are. Continue about any search engine and you will find a site somewhere that serves the Congress Library value of games released from the Atari days to the Xbox.
I loved games like Maximum Carnage, X-Men for the Sega Genesis, Spider-Man Vs. The Kingpin Turok on SNES, and almost all games based on a cartoon property. Due to their license agreements, these titles will probably never see any form of legal repayment on a modern breeze. So what should I do? Pay a crawler on eBay or Craigslist hundreds of dollars for a gaming system and games that may not even work? It does nothing to put money in the pockets of those who created the games in the first place. If Marvel's game department would spend time buying the rights of the games already created from their licenses and working with a publisher to free them for PlayStation, Xbox or Switch, I'll give them my money tomorrow. But unfortunately it is not the case for most old games, especially those licensed.
For many years, the game industry was scowled on ROMs (read only memory files from game cartridges) torn from Nintendo or Sega cassettes and published on different websites for others to download and play. Recently, with Nintendo's "duhhh" epiphany that people are willing to pay for cheap plastic boxes that contain only a sliver of these classic games, the prison light comes from the publisher to search for each website hosting such files. Nintendo is within its rights to do it since it is technically an illegal practice they will see stopped. But what should take precedence here … stop the continuation of illegal file hosting or the need to maintain the history of an entire art form when those who own it release the ball in that regard?