We’re talking about distribution so maybe you’ve come in to the conversation in a weird way there. To be clear the developer cannot continue to distribute content they no longer have rights to. With physical media you don’t go back to the publisher to get new copies but with digital media you do. And hence falls foul of changes in distribution rights.
"Distribution rights" aren't laws of nature. If you're making physical media, you get a license to sell physical copies of the game (containing the licensed material) for a limited time, to people who are allowed to keep them once your sales license has expired.
The digital equivalent would be: you get a license to sell digital copies of the game (containing the licensed material) for a limited time, to people who are allowed to re-download them once your sales license has expired. (And you are allowed to provide that downloading service, but not continue to sell the games, nor make them available to people who have not purchased them.)
It's not that hard – and the existence of Steam demonstrates that many people are already doing things this way.
We’re talking about distribution so maybe you’ve come in to the conversation in a weird way there. To be clear the developer cannot continue to distribute content they no longer have rights to. With physical media you don’t go back to the publisher to get new copies but with digital media you do. And hence falls foul of changes in distribution rights.
"Distribution rights" aren't laws of nature. If you're making physical media, you get a license to sell physical copies of the game (containing the licensed material) for a limited time, to people who are allowed to keep them once your sales license has expired.
The digital equivalent would be: you get a license to sell digital copies of the game (containing the licensed material) for a limited time, to people who are allowed to re-download them once your sales license has expired. (And you are allowed to provide that downloading service, but not continue to sell the games, nor make them available to people who have not purchased them.)
It's not that hard – and the existence of Steam demonstrates that many people are already doing things this way.