I do wonder how this would affect something like City of Heroes. Where the game is dead, but Homecoming has an official license from NCSoft. The City of Heroes situation is obviously a bit different (since the code was leaked, there was a secret server running for years, etc), but I'm imagining a scenario where instead of releasing the source code or an executable or whatever, the company just offloads the responsibility to keep the servers running onto a third party under some kind of NDA to keep the code private. Is that considered alive? dead? undead?