No, they are there. They just aren't "free to download" unless you have MM. They were even there for our trip in early August and we did not have MM. We had bought the old Photopass Archive Disk (just before it was discontinued) and when we got our disk in the mail, the ride photos were there. I assume they got included because by the time we ordered the CD the only option was MM so if you got the CD they just sent everything that was taken.
Yes to the first question and no to the second.