In theory yes, because when they make the games backwards compatible they recompile them and give them a new executable. That legally makes it a new game and it needs publisher agreement that they can distribute it. The backwards compatible games do not run off the disc but download that new version, the disc is just the key.
Now there are exceptions to this like Doom 3 BFG edition that are disc only but they are marked on the master list that way with an "*".
Since 2015, the backward compatibility program for Xbox One and Xbox Series X|S has made it possible for gamers around the globe to discover and replay thousands of games spanning our 20-year history. For a better understanding of how the Xbox One Backward Compatibility program works and how...
majornelson.com
Lego LOTR isnt.