I agree it shouldn’t be the ESA’s responsibility. However as it says in the article:

In 2023, the Video Game History Foundation revealed 87 percent of games released pre-2010 were currently not preserved in any capacity. Attempts previously made by the Library of Congress were halted by the ESA, which said it’d rely on publishers to take care of those efforts themselves.

So the ESA have made themselves the problem by halting such attempts