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Announcement of Discontinuation of Online Services for Nintendo 3DS and Wii U software
(en-americas-support.nintendo.com)
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That's not what the person you're replying to suggested though. They suggested that companies should release self-hostable server software when they discontinue providing the service themselves. In the age of containerized software this wouldn't even be all that difficult in many cases
I didn’t say it had to be open source. Copyright is irrelevant as far as this topic is concerned - compiling code into binary is transformative. The only thing that matters here is patent law, and it seems easy enough to just make a law that allows non-profit infringement of patents for this explicit purpose. I don’t think there’s any legal roadblocks to releasing server software.