Personally, I am not a fan of "intellectual property" laws such as copyrights and patents as their original intention doesn't seem relevant anymore and instead they've become a tool of corporations to increase their profits (often at the expense of the creative people that actually produce the works). Copyright only works properly when the creative works get released into the public domain and that is not going to happen with NOLF (and a lot of computer games) and so the public are being denied their side of the copyright deal.
"It's not copyright infringement if it's never going to be released into the public domain in a usable form" would be a better statement of my thinking.
If nobody has the de facto rights, them there's nobody to steal it from.
The issue at hand is the absence of a legal owner. It should fall into a commons for public use until someone can prove ownership. Eg. abandonware.