Isn't that the point though? Not about selling games but preserving the legacy of games you already have.I think it comes down to security concerns and the want/need to be able to still sell the games. There may be other cost concerns as well. On 360 I know Microsoft had to pay nVidia royalties for certain texture formats or something like that. It's possible they circumvent that by changing the format in the repackage.
XSX supports the X360 texture formats, as for royalties they wouldn't be selling the games so they don't need to worry about it.
It's no different than if they supported BC natively if they don't need to repackage the game.
Security? Not sure it's worth worrying about if someone clones a disc and plays the game.
The only people at this point that would come after them is the platform holder, which happens to be them.
The whole issue with licensing is due to repackaging and also selling online. That's why I said not to repackage, if it was an issue with Nvidia then that's already been resolved if they needed to do something with their texture formats.
So the only real reason not to, is not being able to get a cut from digital sales. Which isn't the core of his message.
Their push towards digital probably makes it not worth it in their eyes, but in terms of supporting the history of games whilst they can, they could do even better.
I'm not sure what the state of og xbox & X360 emus are, but better for them to do it and provide it as a XSX feature.