History Deleted, Thanks to Copyright

That same law designed to promote "innovation" is causing a mass extinction of vintage videogames, designed for obsolete computer systems of the 1980's. Many of the publishers are non-existent, and the rights belong to entities no longer interested in them. However, fans of these games have been aggregating these forgotten games and posting them online as a way of preserving them for current and future generations. It's considered illegal, but should it be? Nearly all of these rogue historians would shutdown their sites if the owners asked, or especially if the games became available to purchase.

As a larger question, why must copyright be enforced if the goal is non-commercial, like a library? Since when do creators get to choose absolutely everything about the fate of what they create? Why do their heirs get to also? How does this spur innovation and the public good as the Founding Fathers had explicitly required?