Earlier quoted context omitted.
> Clearly if it was able to be leaked it already was being preserved Preserved by whom ? Many leaks are done by old or ex-employees who quietly kept a shall we say 'backup' of their work. More than one 'official' re-release has been rumored to be an embarrassed company quietly filing the serial numbers off a rogue leak because they realized way too late that their archival practices were inadequate.
Anti-emulation Nintendo was caught repacking a pirated ROM. https://www.eurogamer.net/did-nintendo-download-a-mario-rom-...
Aside from that thought exercise, like many "internet facts" this one also might not be true, and repeating it doesn't really help either "side."
https://medium.com/@AberrantWolf/mario-illegal-roms-and-medi...