There are tons of settings that are dead and it’s impossible to grow communities for because the fans don’t have the rights to the material. If they have communities, and many don’t, these are small and perpetually shrinking. Piracy doesn’t solve that problem and anyone who says so clearly hasn’t suffered this problem.
You have no clue what you're talking about and I'll give you a prime example.
Halo had a 6mm wargame called ground command. It didn't do very well and eventually the game died when the company making it went out of business and the new owners didn't renew the rights. The community rallied round and made a fan version of the rulebook and started to release free STL files for models so people could print their own armies. There's a guy making his full time living off of sculpting Halo STL files because of it now. Microsoft, 343 and the original game creators are well aware it's happening and don't care.
Bloodbowl? Kept alive strictly due to fan support for well over a decade of neglect. Multiple new teams and fan rulebooks exist and eventually it convinced games workshop to pick it back up.
Mordheim is still dead except for fan creations. It still has an active and some what growing fanbase.
There's nothing to do with copyright stopping games from existing and becoming popular. There are plenty of games whole sale ripping stuff off left to do their own thing. Often it's these fan communities that enable companies to revive their own properties because the piracy crowd is so large. Didn't the 80's TMNT stuff get a kickstarter this year? No one cared about that, you had to pirate it.
How does a handful of lucky fandoms disprove the mountains of unlucky ones? You yourself just said there are countless forgotten franchises sitting in pirate archives. You said you’re dependent on grog charity to scan old games. Now you’re contradicting yourself because you’re only interested in being right rather than actually addressing the problem. Stop being obsessed with being right and listen to what I actually said. Whether you believe it or not, there are numerous forgotten tabletop IPs and dwindling fandoms that cannot be revived unless copyright law is reformed.
Example: There was a kickstarter for
Alternity a few years ago that quickly imploded and died once the writers and fans realized they didn’t actually have the rights to the original IPs. This was kickstarted by the original writers of the 1998 game, and they still failed because they couldn’t get the rights.
Another example: The 1997 rpg
Everlasting was owned by Chipp Dobbs. He died years ago and his family who inherited the copyright is impossible to find. Only some of the pdfs are available on drivethrurpg. There’s no community for it anywhere. Sure, I could pirate the books, sell my own version, etc. But I would be opening myself to litigation from his heirs if they ever found out and decided to claim copyright infringement. The problem of orphaned works is a big problem with copyright.
Numerous PDFs over the years have been taken down by technical errors and the owners simply cannot be bothered to deal with that. Many of these people are hobbyists who have lives and can’t be expected to maintain the tech after decades. I spend a couple years trying to fix an issue with
one 20-year old PDF on drivethru so that I
wouldn’t have to pirate it to share it with others, but it never got fixed despite me sending multiple emails to tech support and the original writer who was selling it. It’s like they
want it to only be available via piracy!
Some fandoms are lucky enough not to deal with that, but many more have those problems. “Just pirate it dude!” isn’t the solution. That’s an irrelevant band-aid fix for the cancer in our legal system. We need to cut out the damn cancer, not ignore it!
You can read about the problems in detail here:
https://web.law.duke.edu/cspd/
…and plenty of other essays.
I’ve already had so many numbskulls already tell me to “pirate the books, dude” as if that actually solves the problem. I’m done trying to explain this.