Aside from that it completely ignores that half the point is to preserve the games. When a company shuts down a (live service) game’s server, it’s dead. No one can ever play that game again. But people liked that game and want to keep playing it. They saw entertainment and artistic value in it and that value has been destroyed (well, locked away). It’s like the movies Warner Bros Discovery shitcanned despite pretty much being complete.

You can argue against the artistic value of games (and the WBD “capeshit” movies that were scrapped) and I know a lot of people here would. But the fact is some people see artistic value in it, even a lot of people, therefore it is an art.