You are asking yourself that because the copyright propaganda works.
If a game is not sold anymore in any legal store, the copyright protection that makes piracy illegal should decay. If I can't legally puy a game anymore, why can't I have it from other sources?
Instead, we have this. A company removes a game from the market and you can't play it anymore.
What we should be asking is why should that handheld be illegal to sell at all?