You can create a new level 35 character at the start of the FoV section of the game. I played through the original D2:ED on Xbox and would have continued with the same character if that was an option. However, I wanted to try a different character build anyway, as well as check out the remastered parts of D2:ED, so starting over wasn't a big deal.

FoV is available from various places on PC, just not from Steam. They decided just to carry DKS and give D2:ED owners a discount if they bought D2:ED through Steam.

Personally, if I can not buy something legitimately, then that is an incentive not to play the game. Same with demos; if a company doesn't release one, then obviously they don't want me to play it (until it is cheap enough to take a gamble on based on reviews).