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Announcement of Discontinuation of Online Services for Nintendo 3DS and Wii U software
(en-americas-support.nintendo.com)
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They don't have to be. 30 year old PC games have their server software bundled with the game; the ephemeral aspect of current online services is entirely artificial.
And it's incentivized by the people buying into it. If people collectively woke up and started asking questions, this wouldn't be an issue.
Instead, we buy into them and then try to force them to open up through legislation.
Imagine if cars were really unsafe. Would you say, “we shouldn’t legislate car safety, we should all just wake up and start buying safer cars!”
When was the last time Mario Maker killed a man?