Fair use opponents, Entertainment Software Association (ESA) flat-out state, categorically, "there is no set of limitations that we would support" to grant access to legacy games for preservation and research if it means unauthorized duplication or DMCA S.1201 circumvention of copy protection.

Good discussion starting at 04:36:00. ESA comment was maybe 05:00:00 +/- 5m, after the discussion of a study showing ~3% of pre-1985 games get re-released, and only ~13% of newer games (unsure of cutoff), and comments from re-release companies like Limited Run that preservation would not harm biz.