Actually, it does not matter if the company has an obligation to provide the game. They are seperate matters. The court system would say Epic still owes him another copy of JJ1, but that download was Warez, since it was not from Epic. The agreement that came with JJ2 states that Epic will provide a copy. A downloaded copy is not from Epic, and is therefore Warez.

(By the way, I use "Epic" in this post as in whoever did the distributing of JJ1s that came with JJ2. I can not remember which company did it.)