Uhm, if I understand it right, you have the
image or
copy of the original CD in your posession, but not the original CD as the physical object you bought. (Okay, you have that physical object, it just doesn't work. Well, then you effectively don't have it. Unless you show it to the publisher, as proof of purchase, and get a replacement.)
As games today work, they require that you put the original CD into the drive. Obviously, the publisher says that it is the CD that makes you the legitimate owner of the software, not the CD image or a bill or something. See
http://fileforums.com/showthread.php?t=70244 at which we're talking about similar stuff.
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