Even if the games are played off the internal hard drive with updates, there's a bit of "legal grey area" where enthusiastic fans of the game rebuild the code, and run the game with assets from the original media. "Technically" only folks with the original media in their possession will be able to play the original game.
For example the Ship of Harkinian PC port of Ocarina of Time. This requires a legal or illegal copy of the original game to run, so the copyright authorities don't crack down on it yet.