You're not really allowed to download a ROM even if you have it, because this process causes someone else to make a copy of their ROM and send it to you. You would however be allowed to dump a ROM yourself from whatever cartridge you might have.
Copying digital media for private use is perfectly legal where I live, and several other nations. even if you need to circumvent copy protetions to do it. After all, this is what you do if you convert a CD into mp3 to put it on your portable music player. Or maybe you're one of the guys who think throwing people in jail for using an ipod is the right thing to do?
The original disc might have been physically damaged.