Not so sure about that, though. For example, the local Commodore authorized shop used to offer free workbench / kickstart disks to replace any damaged disk you brought in. Of course, who's to say they weren't bending/breaking the rules to do that.
Anyhow, downloading isn't going to do this poor chap any good, because even if he DOES find a kickstart disk image (very rare, as opposed to the ROM images, which are everywhere), he'll have no way to write it back to a disk. :-(
