Well, they are if you mean their licenses. I have yet to see someone prove to me the Formula 1 license gives exclusive rights to the cars. As I understand it, the F1 license gives exclusive rights to making a game based on F1 and calling it "Formula 1". But otherwise, the circuits, teams, cars and drivers are not exclusive and are available from their respective copyright owners (so to license a McLaren, just pay McLaren).
So I don't see 2009 F1 cars as an impossibility but I doubt there will be many (if any) in, likely only the major manufacturers or championship winners.