I believe this is also a 1st Amendment issue.
The right to free speech means a person publishing speech has a right to publish whatever they want, but also means the consumer of speech has the right to consume the speech produced by others (listen to the verbal speech, read the book, play the game, look at the painting, etc).
How does this apply to games? When a game is being sold in stores, the user has a right to buy the game. When a game is no longer for sale from a game distributor, you can USUALLY buy a used cartridge (or disk) of it on ebay, and they have the right to do so (buy it on ebay or other seller of used games).
But this principle also applies to games for which no physical medium was ever produced (Satellaview BS-Zelda for example) the user has the right to play the game while it's being broadcast via Satellaview BSX system. Once it has ceased to be broadcast via the Satellaview system, even if no physical medium was ever produced containing the game, that does NOT deny the consumer his/her 1st Amendment right to be a consumer of the speech (player of the game, in this case). In other words, when no physical medium exists, and the officially released intangible medium (satellite signal in this case) has ceased to exist, a person has a right to DOWNLOAD the game from a website offering that game for download.
In other words, since the US Constitution is above all else in the US, a company (such as Nintendo) does not have the power to supersede it by ceasing transmission of the satellite signal containing the game data. That act of ceasing the satellite transmission does just that, stops the broadcast of the game, but has no effect on my constitutional right to be a consumer of the speech (player of the game). In other words, once the satellite signal has ceased, if Nintendo provides no other means by which I can play the game, I have the right to download a copy of the game to play.
Now this may not apply if I was living in Japan, as they have a different constitution, but I live in the US, and therefore have all the rights as laid out in the US Constitution, including the right to free speech, which means both the right to produce whatever speech I wish and also to consume whatever speech I wish. And that is a right that no company can take away by their merely choosing to stop producing or distributing their product, because it is GUARANTIED in the US Constitution.