They haven't disappeared though. For old physical releases they are easy to find on ebay, you just have to pay for them (and if a game costs "too much" then that is a you problem, I think the SMRPG remake costs too much, that doesn't give me moral imperative to steal it.) Even digital only releases can be found for sale, non-pirated, if you know where to look. Nobody owes you access anyway.
As to the legal argument, this is settled law in the US, going back to Game Genie and DV64 cases in the US, as long as a device has a legitimate use AND wasn't made with illicit materials, such as code taken through an NDA violation, then it is legally acceptable.