Yes, but imagine, after like 50 years how much effort will go to maintain these ghost towns no one visits vs creating new games? Selfhostable archives would help that but that would be again a major effort to create.
I'm fairly sure a small amount of effort from Nintendo combined with community volunteers would be enough. At the very least Nintendo should pledge to not block preservation efforts or use legal threats.
Nintendo could start by not prosecuting anyone trying to preserve history.