I don't get how ROMs for the old systems continue to be so easily available. I'm really glad they are, but how have all of the ROM hosting sites note been DMCA takedown'd into oblivion?
Most game or not reedited so there is no money to gain fom preventing them from being online. It may even help to keep the brand alive in case a reboot in programmed (Eg: tomb raider)
Often it's a simple calculation of how much revenue could be won if you factor in the fact that you need to pay the team to find the ROM's, send the letters and enforce them once in a while. Basically it's nearly never worth it.
"reedited" should be "republished", I think :)
In any case: this is the internet. You get whatever you want, and the effect of DMCA on that is indistinguishable from zero.