Earlier quoted context omitted.
Metal Gear Solid 2 & 3 haven't been available on digital marketplaces for a while because both games include real historical footage that Konami no longer has the rights to use. (Off the top of my head, MGS3 used clips of some nuclear weapons tests, for example.)
> MGS3 used clips of some nuclear weapons tests Wouldn't this be a work of the federal government and in the public domain? Thinking of all the war movies that used old military footage....
Not necessarily
EDIT: This got prematurely sent and thus was overly terse: contractors and other private parties connected to government test may have been permitted to take photos, and those (even within the scope of work of a government contract) may be subject to copyright. (Also, its theoretically possible that some tests were photographed by people with no formal connection to the test, though the remote locations and lack of announced times make that challenging.)