I doubt a simple customer will able to arrange this, I think it's better if a customers got in contact with someone influential in the business and let them ask if they could do it.
I doubt getting the insurance company to contact you and deal with them wouldn't be THAT difficult. They aren't that big of an organization and someone writing a blog post was able to get in touch with them pretty easily. Dealing with EA, on the other hand, may be a bit more challenging, but I have a hard time believing that the insurance company doesn't already have contacts there given they are tethered together on this.
You'd probably want to consult with an attorney that knows intellectual property rights and law though. They'd be able to come up with a more accurate picture of what can and can't be done. They would also be the best people to have talk with EA and the insurance company.
In my naive opinion of the matter, the most likely scenario at this time is to come up with some kind of arrangement where SS1 and SS2 are sold via a reseller like GOG, but where both parties still retain their current rights to the IP. This would not allow a 3rd game to be made, but at least 1 & 2 can be sold again in some capacity. I don't know how legally feasible this is or practical it is given the situation with EA or their expectations of recouping their expenses. We also have to consider the possibility that the insurance company obtained a pile of hardware when LGS closed and hasn't bothered to remove the sources or important bits. This would mean someone would have to go through and find everything before it could be packaged again, they may not even know what they have and don't have (I'd actually be willing to volunteer time doing this, if the other stuff was sorted out. I've been down this road before, just under different circumstances, so that'd cut some cost out).
The best route, IMO, is to consult with a competent attorney familiar with IP rights and preferably other facets of this situation. This may be a stretch, but contacting the EFF for a referral may be an interesting way of finding who to use, maybe they know someone who has handled a similar situation before. If not, doing some digging should come up with someone reasonable. They (lawyer) would be able to give us a practical idea of what can and can't be done, along with consulting w/ the insurance company's lawyer and get a picture of what they are looking for, how cooperative they will be, their relationship to EA, and the physical state of what would be needed to coordinate a release. There are other factors to consider, but that's a start.
What I find hard to believe is that this hasn't been tried before, especially with GOG. They've had a lot of contact with several game companies and managed to work things out before, I'd be shocked if they hadn't already contacted the insurance company to try and work something out. I'd be interested to get some input from them on what their experiences were, before anyone tried anything else. It's possible they did all this and ran into a brick wall (or it's still ongoing).
So, anyone from GOG want to comment? ;)
Highly reasonable comment, thank you. If they're operating at a lose, then it seems to me either they will want to try to recoup some of that lose (seems good) or they will want to just "let it go" and focus on other things (seems bad).
WHY did you not torrent it? :P
I have a boxed copy of SS1 I traded for a $25 Babbages gift card in 1998. I wanted a boxed copy of SS2, I am also really not a fan of torrents. The security issues aside, I prefer to own a copy of the software in some capacity :)
The point is also that there is a very willing market out there for both SS1 and SS2, I saw a package of both selling for close to $300. People (myself include) are paying over $100 for original boxed copies of the game (yea, I know it's crazy). I've paid less for many other boxed/sealed classic games.
As for recovering costs, I don't know what type of costs we are talking about. I'd suppose that depends on what they calculate their costs as being and what type of payout/loss they had when LGS closed down. Given that SS2 and Thief 2 didn't perform very well commercially, it's possible that the projected income from those games was way off what LGS expected and the losses significant. This comes down to what I mentioned earlier, someone with experience in this area needs to get on the phone with them and see what they are expecting along with getting relevant details. We can speculate all day long, but none of us were involved in the loss or with the insurance company.
I'd THINK (it may be naive) that you'd be easier convincing everyone involved to resell SS1 and SS2 via GOG or other means than you would be obtaining the necessary rights to create a 3rd game (which seems to have been the focus for other efforts). If you can construct it in such a way that the rights holders are still able to keep their rights to the game and for producing new IP, it may be an easier path. I don't know though, I'm sure that comes with it's own complications, especially if another party decides to buy the rights for a 3rd game at a later date. These things can be worked out, I'm sure, it's just a matter of covering the costs involved, for us and them. The more complicated the construct, the more expensive it is for everyone.
There is also the possibility someone else mentioned earlier, that EA is the one being difficult. I don't know what kind of contribution they would have to put into reselling the game vs creating new IP, it may be less, but that'd be a question for someone else :)