The bigger question is if the company who legally owns the right to the code realizes it's their IP, and then, of course, if they care. Not every game publisher has a Nintendo-level concern for their archaic titles, and some publishing houses may own hundreds of franchises technically they have zero intent to ever touch again and may not even have bothered to keep track are theirs.
Geez, these companies just keep getting passed around and around. I was working for Time Warner Interactive (aka Tengen, the consumer arm of Atari Games) when Midway bought them in '96.