One of the other topics that my friendly archvillain Jason J Kee and I touched on via twitter on Friday was the term of copyright.
I remembered that when he was in front of the C-32 committee he claimed that the format shifting aspects of C-32 (Now C-11) didn't apply to video games. He started to make similar claims in our discussion, started by the claim that "by definition, software is never platform neutral", and later that there is "no reasonable consumer expectation to format shift games".
If you only consider the few months after a video game is released, when the most money is currently made by the game developer, Jason's suggestions my appear reasonable. Games tend to push the limits of the hardware they are designed for, and thus are tied to that hardware for the time when those limits still apply.
Unfortunately, the government granted monopoly of copyright last far more than a few months or a few years.