While I don't agree with the argument, perhaps one should look at it the same way as needing to "upgrade" one's license when moving from LP->Cassette->CD, or VHS->DVD->BluRay.
In all of these cases, the license to the older media isn't taken as a valid license for the higher-class ones. If you've only paid for a crappy VHS tape, shouldn't there be some additional cost for getting the higher quality and convenience (now without rewinding!) if you want the BluRay?
So in this case, the owner of a Fallout 3 game is seeking to have the higher-quality experience from the Fallout 4 engine, but without needing to incur that expense.
I don't think that's the right comparison. Moving from LP to CD etc. is changing the source format, which loading FO3 assets in FO4 isn't doing. If you bought a better device for playing your media (analogous to the FO4 engine), say a laser turntable or a VHS player that caches the video in memory to facilitate better short-term rewinding/pausing, you wouldn't be expected to re-license the content. (The fact that they are physical products also has _some_ bearing)
VHS to DVD etc. is more akin to there being a re-release of FO3 with higher quality textures, and no-one is suggesting that owning the original necessarily entitles you to that.
> So in this case, the owner of a Fallout 3 game is seeking to have the higher-quality experience from the Fallout 4 engine, but without needing to incur that expense
We are discussing the case of buying both, incurring all the expense.
Actually format shifting is expressly allowed under US copyright law. So it's entirely legal for you to create a CD from a vinyl record you purchased. Or a DVD from a VHS tape.
In all of these cases, the license to the older media isn't taken as a valid license for the higher-class ones. If you've only paid for a crappy VHS tape, shouldn't there be some additional cost for getting the higher quality and convenience (now without rewinding!) if you want the BluRay?
So in this case, the owner of a Fallout 3 game is seeking to have the higher-quality experience from the Fallout 4 engine, but without needing to incur that expense.