We should really know better. The TV & film industry have already been through this.
Ultimately an intellectual property based economy leads to this without proactive measures limiting IP.
At the time they tried bad preservation idea such as dividing the colors up into separate reels before they realized even relatively fugitive dyes would hold up for centuries if you keep them in a dry freezer.
Let companies value their copyright, and let them pay the cost to maintain that copyright (say a 2% per year cost), and let someone buy that copyright from them at the price they value it at.
I genuinely think if a company has piece of media X that they make a decision to not distribute, it shouldn't be piracy. Things like Nintendo sitting on titles teasing a fat "maybe" of bringing a subscription based access model to on limited hardware isn't cool.
These games sold their last physical copy decades ago, long before an online store. They took them off the market, so fair game. There's zero difference from Nintendo's perspective, of buying a used game vs playing a rom on an emulator.