Because the lawyers can for example, argue that their current games can be future targets of unauthorized recomp'd redistributions that will impact the sales of the business.
Nintendo also sells and offers old games digitally and they have the correct rights in redistributing them which this still counts as a "actively commercial game" even if it is old.
These companies don't care about ripped and recompiled games if it is done for private use. They only care if the game and its assets are redistributed in an unauthorized manner.