I actually don't totally agree with Lonestar there. Yes, interplay still owns the game rights, BUT as interplay is no longer selling the game, and thus cannot make money off of it, there is nothing stopping what you were planning, Molish (as far as I know).
Take HotU for example. I've been a semi-regular browser of their site for over two years now (actually how I found FS2 to begin with). They have a number of games for download there, and also a number of games with links to places to purchase them (if such links exist, there is no download). Whenever a company asks them to, HotU will remove their downloads (one example is they used to have downloads for three or four Warhammer games, but removed them at the request of the publisher)
With FS2, when Interplay released the limited edition anniversary edition of the game, the FS2 download was removed, but after the copies were sold, the download came back. For years now, HotU has had numerous downloads of games, and never suffered any legal repurcussions from companies. If Interplay doesn't mind HotU offering a download that, while lacking in some media features, is still perfectly playable, I can't see how they can complain about your plan.
