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But I doubt that would happen even if it could. As much as I love Fleming, the EON films have been so successful at marketing "James Bond" to the public that a lot of the mainstream audience would not enjoy faithful adaptations of the books as they wouldn't seem "Bond-y" to them. Also, look at Mad Men - tremendously well done show, great acting and stories, incredible period detail, and very entertaining - both drama and comedy - and it has a tiny amount of viewers compared to a network show. I fear that the expenses needed to properly film the Fleming books - location shooting (or recreating locations) and period detail alone - means it wouldn't happen (if it could).
As for 2039, who knows? Maybe the Western powers will be diminished and China will be the biggest superpower, leading a lot of people to take comfort in a period piece where "their" hero fights and outsmarts commies...who can tell?
As for the topic at hand, EON as far as I know now hold all the rights, so they'll be no unofficial films for the foreseeable future.
For example, after they had worked together for two movies in the Bourne franchise, Paul Greengrass (the director of Supremacy and Ultimatum) had Matt Damon cast in The Green Zone, which had a lot of similarities to the Bourne series. Damon's character, of course, wasn't supposed to be 100% a stand-in for Jason Bourne, but The Green Zone shared much of the paranoid, "the government is lying to us" theme.
The only other official Bond actor who might be able to to still pull off being James Bond (albeit an aged one) is Pierce Brosnan, who has stated since DAD that he is no longer interested in the role.
the (possible) exception which is Young Bond but........ not even higson knows who owns the film rights
@DC, have you by any chance any idea concerning the rights to TB and TSWLM, friend? TB's a bit iffy considering the whole McClory situation and TSWLM was removed from the equation by Fleming himself. Will they be able to film that novel's story, featuring its characters, settings and plot elements?
EON wanted the Casino Royale rights to make the film, which they got and did and as for Thunderball that was also given to them as part of McClory losing his court case in 2001. This makes Never Say Never Again somewhat official is some people's eyes as it's now an MGM release.
With The Spy Who Loved Me, Fleming put a clause on the novel that none of it's elements may be adapted for screen and that still stands, even today.
I want to believe there is some 'higher guardian' over Bond that will guarantee him staying close to the Fleming material.