This sort of thing has been going on for years. In the end, it won't really matter because physical software packages will all be gone in the next few years. The 360/PS3/Wii is the last generation of game systems where you will actually need a disc. Everything will be digital distro where giving or selling a piece of software to someone else will be impossible, regardless of the legalities.
It totally sucks.
Those of us with Turbo/PCE collections are used to playing 20 year old games all the time, you won't be able to do that with...whatever, Playstation 4 games. You download the game to the device...and that's it. Its there, and only there. If you lose your device, you lose all the software on it. The software will all disappear from everywhere but our memories as soon as the device stops working. If you want to play 20 year old games in the year 2030, you'll just have to buy them again...if they are available.
Piracy will be the only way to play old games. ROMs and emulators will be the only way to play iPhone games that are 20 years old. Hell, maybe even 5 years old. The new hardware won't run the old stuff, the old hardware will have all failed (because everything made now is shit).