Now, having said that, I'd not consider going after people emulating or otherwise using something that I'm not specifically marketing.. I don't frankly care... but that's just my personal choice. Even if my work weren't crap I'd still have not cared about the grey zone of emulation.
...until someone tried to take my copyright away or dilute my ownership. Then I'd care.
Atari has not made the slightest attempt to shut down Atari-age, despite them offering all 2600 games for download, and you know why? Because Atariage.com isn't making money off of them or harming them with that distribution.
They do, however, sure as heck charge Microsoft license fees and have negotiated profit agreements on the exact same ROMs when distributed as part of the XBox/PC "Game room" functionality.
By your reasoning, they'd have to produce tons of the cartridges or just.. lose the rights and then any jerk could sell their games and not have to give a cent over. I'm sure David Crane is happy that he never had to defend his creations from spoiled brats like you. He gets less than 3 cents per download of Pitfall on Game Room... but that's money he would not otherwise have.