Yeah, that's true, there are a number of games that are basically impossible to find, but are still owned by companies that aren't in danger of folding. That's the stuff that really bother me, because there's no chance of it leaving copyright for a LONG time, and yet, they've basically outlived their usefulness unless presented as part of a package, or sold in a new form, like the Wii Virtual Console.
I'm pro-emulation, and I can't stand to see companies who obviously aren't making any more copies of a game, and who aren't making any profit off sales from pawn shops and such shutting down emulation sites out of spite. I mean, the emulation sites aren't making money either, they're simply enabling people to play games that are otherwise unavailable to them. I mean, how much money would I have to spend to get a hold of say, Secret of Mana, Chrono Trigger, FF3, Gundam Wing: Endless Duel, and Star Ocean? Probably a fair bit, considering that SNES games have gotten to the point of being collectors items, and are generally quite a bit more expensive than they should be. Not to mention the japanese only releases that have been translated, or are being translated (the MKR game, Slayers, Sekien Densetsu 3, and numerous other SNES games), which I'll likely never have a chance to own.
We need to have a system that would better facilitate these situations.