To my knowledge the rights to all Might and Magic Games are owned by Ubisoft, making the games ESA protected.
Certainly Ubisoft are making the new Might and Magic game as well as HOMM 5.
EDIT: After more research, Might and Magic VII was published by Ubisoft so it would have been ESA anyway, but Might and Magic VI, VII and VIII are all still available in the
Sold Out Software budget range.