According to which treaty, law or judgment?
Those are next gen games. That's a fact. And while it won't do much for existing owners, people who didn't own one of the previous consoles will be happy to know that these next gen versions exist and therfore they're certainly a reason to buy a next gen console.
You could make the same exact point for every crappy remaster but I bet you'd still consider the God of War Collection as a PS3 game worth listing and not as two PS2 games.
GoW collection is a worth game for me, but I wouldn't list GoW 1 and 2 with patch to PS3 as new title on list. They are different type of stuff.
Several games are receiveing free or paid upgrades but still shouldn't be considered as new titles. It may be new on the platform, but don't count as a new game. If not the list of launch titles for both PS5 and Series X would be over 50 games or so.
duduspace11 "Well, since we are estimating costs, Pokemon Red/Blue did cost Nintendo about $50m to make back in 1996"
Mr Puggsly: "Hehe, I said good profit. You said big profit. Frankly, not losing money is what I meant by good. Don't get hung up on semantics"
Azzanation: "PS5 wouldn't sold out at launch without scalpers."