And also note, the releases are NOT the same programs. They are always different. The Ms. Pac-Mans and Galaga's released in 2001 contain new code and are not the same programs.
If you can't buy it brand new from the distributor or obtain it easily through normal distribution chains then it is obsolete. Note the idea of normal distribution chains? That doesn't mean buying that (possibly bootleg, could be broken, probably will break next week) PCB from gameZDude69 (Feedback 82 percent) on ebay.
The lovely lovely part of that part of the law is that fact that it does not define the hardware. I can no longer render "Galaga" because my cabinet has fallen apart, molded, and rusted away to the point where the only thing left is the marquee rail, but I can still render the game thanks to exception number 3.