Kuchera vs Kain: What is the nature of a game journalist?

Twitter got itself into a tizzy earlier tonight. Its jammies were rustled, as it were, over an article by Erik Kain on Forbes. Kain had advocated emulating an SNES game which had been abandoned for the longest time. Game journalists who'd read the Forbes article argued that The game, now made available as a commercial title, was therefore subject to copyright theft. 

The storify beyond tells the tale of how Penny Arcade Report's Ben Kuchera engaged in an argument with Erik Kain over the article that lasted several hours.