Yes, I know the ROMs would still make their way around. My comment is more to the end user. However, as someone who has followed the music and MP3 bit for a long while (recently found an article from something like August 2001 in a very well preserved back issue of Maclean's magazine talking about Napster), I know that they also tried things to circumvent hacking that prevented fair use (people putting music onto their own systems to listento at their leisure), and thus those practices had to be stopped; I believe a Mariah Carey disc was the most notorious one using it.
I say it all the time: no matter what anyone does, hacking will continue. One employee can't wait to share the work with a friend, and that friend quietly shares it with another, and so on, until the game or music starts appearing online. However, even if they company takes the step of releasing it into the online world themselves, it's still an Epic Fail; Lady Gaga's new CD was promoted through Farmville and people finishing certain tasks got to hear the entire CD, and soon after, copies of the CD started floating around torrent and warez sites long before release in much the same way as a ROM would appear online two or three days before being released in stores. Hacking is an unstoppable monster.