I really just look at situations like Halo 2 and think that there's got to be a way to put server code into the public domain so that if someone wants to "rent" Halo 2 server code from the Library so that they can play online on the original hardware and everything, that'd be really cool, and experiences would be able to be shared across generations like books, films, and other forms of art.
In the wild, it seems permanent shut down of an online service is equivalent to forfeiting server code for the dead game over to whomever can acquire it, either for sale, or often times theft in form of sharing among the most hardcore followers. This up-for-grabs situation is a symptom of the problem, and shouldn't be the main focus, but it is worth noting because it can affect Copyright/IP protection. If the company behind the game doesn't want to continue supporting a version of their online game, there needs to be a way to gracefully donate said deprecated version without losing underlying IP rights. It's donated and falls into public domain for operation under some relatively clear license a la books in a library. That'd be cool.