I had the brilliant idea the other day of passing an amendment to the copywrite laws to include “independent distributors” for media that is abandoned or removed from active sale/distribution by its copywrite holder. The stipulation is that “independent distributors” are not allowed to make money in any way from the provided service and if the holder wants to rerelease something or remake it, the ID has to pull that title until the holder pulls it from circulation again. I would also put the stipulation on holders that any release has to be materially similar and at a fair market price. They are not allowed to re-release a game from 30 years ago at full modern retail, remakes have to be the same game to count (FFVII:remake would not count, but the updated PC releases of FFVII would), and the sales must be readily available to all citizens in the country (so releasing something on your JP store exclusively does not preclude the independent distribution in the states).
The concept is exactly this. Legalize the preservation of media and art for future generations and allow free access to it, something akin to a digital online museum of games, movies, television shows, and commercials. If a content owner is not willing to make money from it, then there can be no damages.