They have stayed up because they have a policy that you shouldn't download the game if you don't already own it. Therefore, it is completely legal and makes sense to have the ability to download games on a console, rather than having to remove...
@The Real Jdbye, I thought about that and I have blank DVD's and Blurays but honestly after like 90 songs I just listen to it a couple of hundred times toss it out and burn something else or have like 2-3 CD's. Florida here the heat in the car tends to ruin the CD's after like a few months even commercial pressed ones don't last too long.