The Video Game History Foundation conducted a study that showed that 87% of video games are commercially unavailable and therefore in danger from a preservationist point of view. To summarize, they want allowances built into copyright law to provide the same level of preservation and accessibility that other media, like books and movies, enjoy. The Completionist recently did a video on it with members of the foundation that talk about it: https://www.youtube.com/watch?v=UyhsZE6QIJ4

Nerrel also has a good video that touches on how emulation is a gray area with court case rulings that contradict on another: https://youtu.be/yj9Gk84jRiE