That's nice wishful thinking, but it doesn't change the fact that whoever is distributing the file to you, if they do not have the permission of the copyright holder to do so, is committing copyright infringement. Furthermore, if you know that they are doing so without the permission of the copyright holder and engage in the download anyway, you are probably guilty of conspiracy or contributory infringement.
Don't get me wrong, I think the user should have every right to replace his legally obtained copy if the media fails and the company refuses to do so. But nothing in current copyright law supports such behavior. Only activism will change that; wishful thinking only propagates myths.