I am not going to like that one, it just feels wrong.
But yeah, that's basically the status quo. If we don't change things around then the current generation of newborns will see the earth become uninhabitable.
He actually said that he expected to be able to get away with it because a) the game was very old and b) it had been available for free on multiple occasions. He was aware and it was fully intentional.
Well, that's a good question. Naturally I do not know the answer, but:
They may not have it. A lot of source code has been lost over the years, why not binaries?
It may be more costly to fetch it from the archive than to download a ROM.
Despite company policies, some employees may be lazy...