This won’t require companies to keep servers running, just that they have an end of life plan, eg: releasing a version of the server that can be self hosted for multiplayer games
It is a valid concern as to why companies don't do this already. In the face of the legal requirements the initiative is attempting to establish, however, the IP problem would be pretty easily resolved, as companies that sold their server libraries/services with a prohibition on redistribution would either need to change those licenses, or lose customers who want to be able to sell in Europe.
That does happen a lot. They get licenses to use but not distribute software for example. Servers are hard so it makes sense they'd want to buy rather than build.
It's the same reason most games aren't open sourced when their commercial viability ends: lots of third party software with no public source.