It depends on how you see it. One way to look at it is to say "I derived this rule based on what the ratio of licit to illicit usage is, thus it should apply e

It depends on how you see it. One way to look at it is to say "I derived this rule based on what the ratio of licit to illicit usage is, thus it should apply everywhere." From that perspective, then yes, your observation that it would apply to both situations is correct. Another way to look at it is "for this particular scenario, what is the optimal outcome?" If you're running a game console emulator for a system that's not being sold anymore, with games that are not being sold anymore, one could argue that that scenario would be net positive considering the lack of harm; in other words, you get to enjoy the game, while nobody gets hurt, so it's positive overall. The first perspective is called "rule utilitarianism," while the latter is called "act utilitarianism," in case you want to learn more about those.