Now we all know this isn't going to happen. The source code will be shelved and it is unlikely it ever contribute to society ever again. The people who coded it have been fired and have moved on to the next thing in their lives while the bankruptcy proceedings play out in the news. But if I fail to repay a loan on a car, repossession services come to take the car. If a studio gets $75 million from a state to make a video game, where are the state's repo men to reclaim the video game?
The current situation is unavoidably bad for everyone involved. Schilling is blaming the governor, developers are moving for the second time in two years, gamers are missing out on the sequel to Amular and money is missing everywhere. But most notably each resident of Rhode Island has paid $75 to the video game industry and will likely never see it returned to their pockets. A coworker who thoroughly enjoys the game said that it's RI's fault for investing in such a fickle and risky industry. Maybe he's right? But the game is reasonably entertaining.
So what could a state do with source code and artwork? The obvious thought would be to auction it off and recoup losses. But what company wants to buy up those assets for more than a pittance compared to the loan? The game didn't sell as well as they thought it would, your developers would have to learn thousands of lines of new code, the artists that could expand the art in the same style are thrown to the wind and there's already a polished title out there. To me, the obvious solution would be to instead package Amular and Copernicus (at least the PC versions) as learning software for high schools and universities in RI. Art students could work on reskinning it, developers could work on just getting it built and Rhode Island would at least be able to show its residents something for which they had paid.
Furthermore if RI really wanted to recoup its losses, they could likely make several million back with a Kickstarter project to open source everything from 38 Studios. The only people who might not like this idea are those in the games industry who claim the MMO and RPG markets are already thoroughly saturated. Perhaps the current publisher and those with distribution contracts of Amular would object. But those executives have already taken the citizens of RI and Curt Schilling for a ride so why should RI care? The only downside would be a massive influx of Amular clones on the PSN, XBLA and PC fronts. But this is an opportunity for gamers, Rhode Islanders and open source in general to expand and set precedence that when a company folds all that hard work and late nights with Mountain Dew and pizza should not be wasted and shelved.
You can tell me that this will never happen -- not with Amular, Copernicus or any of the thousands of titles from failed development studios -- because you're right. It hasn't ever happened and it most likely will not. But Rhode Islanders paid for these titles and the repo men should arrive and bring that back for Rhode Island to decide what to do with it. At least those that have paid for it should be able to decide if what their hard earned money paid for should sit collecting dust or live in immortality.