[OkayPhysicist]

When a company shuts down, somebody becomes the new owner of their stuff, including their intellectual property. Most of the time it's whoever the company was in debt to. Now that company can choose to either host the software, or release it.

[OneMorePerson]

This just feels like one of those things that can be completely loopholed. There's plenty of reasons why a company might find a specific software not profitable but also not want to open source it, so under this rule they will just host it on the most basic server possible (only concurrently supports like 50 users) and never update it again. Effectively still dead.