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Oh, but what if their content provider shuts down? Don't you think it'll be fan-circulated enough by that point that you'll be able to get it easily?
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You mean "get it illegally". That is simply not an option, because even though Telltale might be long gone, if they didn't put out some official word of acceptance, it would feel like betraying them even though they saved the adventure genre.
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If Telltale were to fold and release its games for free, I'm pretty sure it would be for the sake of keeping them circulated and alive. That's if they were to fold. Again, will never happen.
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Not a thing you've said explains how Telltale's games are susceptible to being lost, at least not moreso than any other game.
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All games are susceptible to being lost to time if they are not being released and ported beyond their shelf life. It's not a specific problem for online-distributed games.
Being a tech geek, I tend to move between various operating systems on a daily basis. I don't know what OS I will mainly be running in 10 years, but I do know that if this new Sam & Max game turns out to be as good as we all hope it will be, I will still be wanting to play it in 10 years on whatever platform might be the geek OS of choice then.
So basically what I'm saying is that to ease this sort of platform-independent preservation, Telltale would do good to bring a Linux / BSD port out as soon as possible, that works with current activation schemes and data files, and to release the source of that version together with the data files if they decide one day to release the game for free. Because in the retro gaming world, while all freeware releases of old games are good, the ones with included source hold extra value for being portable. Even if no Un*x port is forthcoming from Telltale at this time, they would help the community by using only open standards such as OpenGL and SDL to avoid having to rewrite large parts of the engine once porting to new platforms commences.
So I will refine my point to be about preserving the actual source until a possible free release somewhere down the road, because source code is the most important key to keeping the game available on new platforms in the future.
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So you're saying that in the event that Telltale closes up shop, you'd want them to release the source code for the sake of preservation. I didn't get that from your previous posts.