For the umpteenth time, folks...
If it wasn't licensed for online publication, you can't go back through and make downloads of this stuff available as you would be committing a willful infringement.
Easiest rule of thumb on things is to keep telling yourself that Copyright does NOT work the way you think it does and you can't turn around and apply Web 2.0 type answers to the problems as you'll get yourself into serious trouble without the signoff of all the involved parties.
Depends on the situation. Most of them still won't license electronic distribution. Serious. If it's going to happen, it'll happen- much like Hothead's doing things and the old back catalog of Interplay and select titles from other publisher's catalogs have come to Windows at least with Good Old Games. But it's not as simple as you think it is- otherwise you'd already have it because it's a far sight cheaper to make the stuff available electronically if you've got a T3 connection or better, etc.