This is probably why things like Wii's virtual console, gametap and other commercial emulation projects have happened. It circumvents the rules on
"A format shall be considered obsolete if the machine or system necessary to render perceptible a work stored in that format is no longer manufactured or is no longer reasonably available in the commercial marketplace."
Nevermind that it's a VIRTUAL machine, but it is commercially available, therefore the copyright holder can claim it's not obsolete.
What this has done is pushed copyright holders on these old games into a "Use it or lose it!" position, where before they could just sit on old software, doing nothing with it other than swinging it like a club to beat up on people running sites with it to download.