There should be zero legal protections for abandoned tech. If Nintendo no longer sells certain games and consoles, it should be 100% legal for people to make copies and build their own consoles. In fact, Nintendo should be required to release all development tools relating to their past consoles so that people who still give a shit about them can produce high-quality consoles and games. It should be possible for someone in nowhere Kansas to produce a brand new, official quality copy of Pokemon Emerald to play on original hardware the way it was intended.
This is not an issue of piracy and intellectual property, this is an issue of art preservation. It took decades for video games to finally reach the point of being largely considered art, but game companies do not respect their own productions as art. If they did, they would care about those pieces of art being available for as long as people wish to consume them, even if it means letting them out of their iron grip.