I'd prefer a system, where the author has to actually and actively be trying to make money in a specific market, before the copyright can be applied in that specific case (as with trademark law, where the owner has to actively protect the trademark).
Some nintendo games are currently not available anywhere (from nintendo or from original publisher), but if you copy/download that rom, you can get fined due to fictional losses for the copyright holder. What losses? If you're not selling the game anymore, how can you have losses from it? If you're not selling that movie in my country, how can you show a loss from me downloading it?
Some nintendo games are currently not available anywhere (from nintendo or from original publisher), but if you copy/download that rom, you can get fined due to fictional losses for the copyright holder. What losses? If you're not selling the game anymore, how can you have losses from it? If you're not selling that movie in my country, how can you show a loss from me downloading it?