@goaty Depends on how you define "freely", I suppose. Like, the studio owns the IP, so selling it would be legal and it would be " legally available", I think. But would the ROM being sold count as it being "freely" available? I mean, you can just get it, even if there is a fee attached. Is that fee impinging on one's ability to "freely" access it?
(Honestly, I might be misreading this. Not sure. I'm reading it as the ROM was dumped under the condition, not sold under it.)