The problem with these fundamental rulings is that they’re largely trying to fit square objects through round holes. When a simple ruling is made to essentially say “to current law, no”, the law itself ultimately becomes meaningless, because older games couldn’t be easier to pirate. Most of them are smaller than a TikTok video, and are so cheap/easy to host that you’ll never stop them from being shared. Hell, emulation has come so far that you can effectively emulate these games on a browser, on multiple devices, even devices that don’t natively support gaming.
The smart thing to do would be to say that maybe the legal framework that embodies retro gaming needs to be researched and heavily considered. It’s a hard task that’ll require many lawyers, many fights, and lots of lobbying to ensure the word of law is worth something. Sadly, it’s easier to say “lol no” and to essentially just promote piracy.
I got into cooking during lockdown, and have managed to get surprisingly good at it, to the point where if you asked me to make a meal of your choosing I could probably make it without looking up a recipe. It’s actually unbelievably simple to make even complex stuff, basically using all the same rules you apply at work: