HelsEch it’s about letting libraries make exact replicas of cars no longer being made, for the express purpose of research and scholarly study. No one is arguing for crafting a 2024 BMW. But there would be something to being allowed to build a Model T for study.
They do expressly state physical and digital, which would be like loaning a console that’s no longer on the market, in my eyes, or emulation or anything in between. So absolutely, there would be the potential for misuse, but it’s not like they’re talking about emulating current market products.
As far as legal use of the copies, it’s hard to argue their use would be illegal honestly, since the product is no longer on the market. Shit, it’d be handy free market research for companies to know what games have the most downloads from the library.