They are no even obligated to sell it to us.
If the person or people who made something are still alive, it's theirs to do with as they please. We are not entitled to another person's work. And the people who own the rights to it pass away, then, maybe, you'd have a point. Now, if a company lets a franchise die, and it's no longer in any form of active development or sale. We are not just entitled to it once it gets old. They should be able to profit off of it more or less indefinitely. Nintendo and the people working for Nintendo made these games.
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This is an active series that still regularly gets new entries. It's not like it's a dead series and everyone who worked on it is long since dead. And they are still actively making games for the series.
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Nintendo is known for cracking down on downloads, torrents, and ports of their games, but they have to take breaks some time, right? Just last week, the developers of the "Super Mario 64 Plus" PC port of the game stated that they weren't too worried about DMCAs, since they weren't actually a threat to the sales of the game.