This an evidence of gaping holes in digital consumer rights. People bought eShop software and physical hardware that they can no longer use or update. Regulators should force companies to open source any games and associated server software that consumers paid to "own", yet companies are no longer willing to maintain.
I mean that still doesn't solve the problem of games that require servers to operate for online play, but at lest that would return digital goods to near-parity with physical media in terms of copy-protection and transferability and ownership.
If you go the extra mile and require that companies publish free dedicated-server-binaries for end-of-life products and allow clients to point to custom servers, you could still run the game while still protecting the seller from piracy. I mean, you'd have no security patches so if you're running eg your own Star Wars Galaxies server you'd want it to be invitational-only and secured with a VPN, since playing with strangers would get the server and clients hacked.
That seems like it would be a reasonable compromise for video-game preservation - old games are therefore available indefinitely to anyone who purchased access to them (and this is transferable), but without companies having to abandon their copyright protections.
I mean this approach would probably have to be mandated by a government or a near-monopoly e-store like Valve, so I'm sure it would get screwed up and fail, but a boy can dream.