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that might work for a game that you *may* be able to find at another retail or is still in a company's inventory... but for most game that have been around long enough to get scratched or ruin this isn't the case.
in a legal sense, are we purchasing the only the materials in the box (game manuals, promo items, disc) or are we also purchasing the right to utilize the creativity and effort put into making the product?
if it's only the physical goods we are buying, then we really have no right to back up our software... afterall, we're just buying a shiny round thing that we are told is encoded with a particular pattern of microscopic indentations.
if we're buying the right to use ideas/creativity etc. of the game, then it follows that the medium is simply the method of delivery of what we're really buying. we should then be able to use it in whatever format we need.
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If you will not fight when your victory will be sure and not too costly, you may come to the moment when you will have to fight with all the odds against you and only a precarious chance for survival. There may even be a worse case. You may have to fight when there is no hope of victory, because it is better to perish than to live as slaves.
~ Winston Churchill
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