Copyright kills works when rights cannot be negotiated, usually because the rights holder is not to be found, but in this case because the situation is just "complicated".
Microsoft had the original development team, Nintendo had the software and Activision had the James Bond License. Microsoft was willing to develop it for both Xbox 360 and Wii but they simply couldn't get the rights between all three straightened out.
If those three, companies that are no strangers to handling legal issues cannot figure out, it doesn't look good for smaller titles like this.
Authors already have problems with getting their books back when out of print. Ebooks make it worse cause they can stay in print with low effort.
I like idea of copyright with short span, like 10 years, and then have to register and renew for every subsequent decade. That would give registry of owners who are serious about work. Would never see public domain movies, but there are lots of obscure works that would be public domain.
nothing stops that from happening even now, tho