The concept of “available” is murky here. Buying games second hand has always been a huge part of how people acquire games. And most vintage titles can be bought on eBay or via other means. I guess that doesn’t count? That’s fine I suppose, but then the article says:

Anyone should be able to easily explore, research and play classic video games, in the same way that they can read classic novels

Does this writer not understand that books go out of print? Not all novels are “represented in the current marketplace” and are only accessible because someone “maintains vintage hardware” ie: keeps physical copies of the book around.

I don’t know… the definitions are just slippery here. I sorta know intuitively what they’re getting at but upon examination the argument crumbles a little bit.