Indeed tom, that was rather ridiculous, especially considdering neither the
original game nor the remake were accessible (in fact the old retroremake I
found of it a couple of years ago appeared to go missing too, I wonder if
the same thing happened).
While their are a few cases of companies and people who want their work out
there and played, eg, the creator of turrican who actually not only gave
permission for the games' name, graphics, music and other aspects to be used
in remakes, but also allowed the originals to be redistributed, and the
author of fallthru, these are rare cases and usually as you said the company
will scream and shout while doing nothing to get the game out to people who
may stil want to play it.
What is almost worse though, is often the company simply want the name, so
that they can produce a game later on with the old game name as a draw.
Take golden axe. The original is a classic and no mistake, however there
have been several really quite awful games bought out under the golden axe
name supposedly as part of the series.
For instance Golden axe the duel, a very bad quality one on one beat em up
on the Sega Saturn console, and more recently, a game on the xbox which is
of all things a 3D beast riding affair that plays almost like a racing or
vehicle game and is by report really not good either.
Though this really doesn't happen in terms of accessible games sinse there
are so few around, and maybe it'd be worth trying to contact this chap to
ask about the games' status.
Beware the grue!
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