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Yeah, I think legal issues is what is stopping at least some of that short list of unplayable games.
Most don't seem "pushing the boundaries" technically in way that might use undocumented hardware tricks.
So it's more like licencing issue where they only had rights to one game for PS4, and PS5 compatibility violates it.
Good to see, and curious to see which have automatic performance improvements on PS5, or get a patch for that.