Honestly I think all the console makers would be wise to push for law changes allowing for emulation of discontinued hardware and if they were smart they'd continue to sell these games as long as possible.

I am even fine with people 'demoing' a game to see if they want to purchase it (remember demo disks Sony/MS/Nintendo?) as long as people pay for what they play (ie more than a hour), if possible as some games devs or new disks/cartridges don't exist anymore so there is no one to pay. Own or be willing to buy games you find yourself playing that you download if that's the route you go. Backing up your roms/ISOs/CDIs/BINs etc to your PC then playing them via emulation when your old hardware (PC or console) dies and is discontinued should be completely legal/acceptable. You can't buy new old consoles/arcade cabinets or many of the games so this expectation by companies, like Nintendo, that gamers give up their old legally purchased games is ludicrous (or for those who get interested in retro gaming for those who are younger and want to buy/play old games). Game Availability: Game titles, number, features and availability vary over time and by region, platform, console and Game Pass plan. Charges may be increased with at least 30 days notice as described in the Microsoft Store Terms of Sale. To stop being charged, cancel your subscription in your Microsoft account (/services) or on your Xbox console, before the next billing date. Recurring Billing: By subscribing you are authorising recurring payments made to Microsoft at the intervals you selected, until cancelled. After promotional period, subscription continues to be charged at the then-current regular price (subject to change), unless cancelled.

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Xbox game pass cost ms money