Look, I’m not outright disagreeing with your first point. I think going that way will be a massive legal headache for just about every business.
Mainly because of patents, copyright, and all the BS, but that’s a whole other thing. I’m mainly thinking about software.
New software v1.0 is released and then updated to v1.1? Is it a new product? If so, does that mean that v1.0 should be free if they only offer the updated version? What constitutes software not being available in a legal sense?
But the version does matter. We all have a game that was updated that either broke it, removed content, or changed it so drastically that it’s like a completely different game. And if the older versions aren’t available, but the game is still being sold… should the older version be public domain whole the current version is being sold?
These are important questions.