Let's use Mother 3 as an example.
Mother 3 is the sequel to Mother 2, what westerners call Earthbound. Earthbound was a great game with a solid following. So when Mother 3 was announced, I was ecstatic.
But unfortunately because of some idiotic reason, it was not released outside of Japan. I think it was mushrooms being a reference to drugs or something else that wasn't kid friendly.
Now Hal Labs and Nintendo wanting to kick us while we were down, decided to put the star of the game, Lucas, into SSBB. Now I don't know about you but that seems a bit unfair. Advertising all over the world a character that the majority would not be able to play as outside of Brawl just seems a dick move. This happened with Roy in Melee as well, but that's probably justified in that his game is very very hard.
Now I have a ROM of Mother 3 and so far I'm 4 chapters in and loving it, denying us what I like to think of as one of the best JRPG's out there.
Honestly if there is no chance of a translation, you're downloading a replacement, or it just isn't sold anywhere, I'm okay with it, even if the law isn't.
Plus if the only place you can buy it is Ebay or Amazon, are the devs gaining or losing money anyway.