I think part of the issue is should copyright laws be enforceable on a product that for all intents and purposes does not exist anymore. If the game can't be bought or played, should copyright laws apply to it? I don't mean the whole of them, I think art/IP stuff should still be protected, it's not like you can decide to make a new game out of the Warhammer IP for free because the Warhammer mmo is dead kind of thing, but I think the copyright specifically pertaining to Warhammer Online as a game should be un-enforceable if the game just doesn't exist currently, provided you don't actually sell the game(again you don't get to remake the game then sell it on Steam because it's dead now). If the company does decide to re-release it, then they'd get their copyrights back and would be able to send C&D letters to private servers and such, but otherwise I don't think it's very fair to be able to threaten lawsuits for a game that doesn't even exist anymore.