No, don't think that's the solution.
Completely understand how this has arisen. Game Developer A creates Demo Disc, gives it away with affiliated game X, promotional competition, just flat out gives them out, whatever. Also, gives it to 'Official' magazine Y, who slap their own logo on the disc (cover disc done for this month, woohoo BEERS!).
I mean thats the point. It's a PROMOTIONAL SAMPLE. To create buzz/sales.
Sega Saturn has loads, PS1 too, God I'm sure most major platforms do.
Tricky one though. Must be an issue with floppy coverdiscs too (in MAIN). Compilations/Collections too.
No harm, for sure. But dupes... meh... dupes are annoying, where you draw the line?
BTW... think I've found some more examples (rebuilding ISO from near scratch), will post findings. Maybe shed extra light on it.