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Abandonware
This is a term that has increasingly appeared on sites over the last few years and it is often
confused with shareware, freeware and public domain material.
This has lead to sites distributing software illegally in the belief that they are helping
others. Sometimes the site owner realises they are doing something wrong, and sometimes
not.
For software to be classed as "abandonware" (which seems not to have a legal definition), the
copyright holder would have to give some sort of notice of abandonment or relinquishment of
rights.
When a software company ceases trading, copyright would pass on to someone else, possibly the
author or a parent company. It would however pass on to someone.
Permission must still be sought.
"It isn't being sold"
The usual excuse for illegal distribution is along the lines of "They aren't selling it anymore,
so we're giving it away so people can still get it."
Whether software is still being sold, or not, is beside the point. It is the copyright
holder's right to do whatever they choose with the software, even if they decide not to
distribute it at all.
Here's an example. Suppose you had a neighbour who kept a car in his driveway, but never
used it. Would that give you the right to take that car without permission and use it to run
a taxi service (free or otherwise)?
That might be an over-simplification, but the idea is basically the same. To distribute
intellectual material without the permission of the owner is the same as distributing property
without it. It is theft.
"Software is overpriced"
You might be swayed by the argument that software companies overcharge for their products, so
it's like stealing from the rich and giving to the poor like some modern-day Robin Hood.
Well, one of the reasons software prices can be so high is because of piracy. It is not
only stealing from the rich, it is stealing from everyday people too. These companies
employ ordinary working people, and pay their wages from the profits they make.
"I'm just making it available"
Another common argument is that the software isn't being distributed any more, and the
abandonware site is just making it available again.
I have to ask myself how many of these sites contacted the company and asked permission to do
so. It is also something you should ask yourself if you're ever tempted to download something
from them.
It is not uncommon for older software to be re-released as part of a compilation pack.
Might and Magic I to V was released with Might and Magic VI in a special edition package for
example. There is also a thriving market in budget re-releases.
Even software for systems as old as the Commodore 64 and Atari 800 have been officially ported
to the PC and bundled together in one box.
The right ways
If you know of a software title that is no longer being distributed, you could contact the
software company and ask if they plan to release it again.
If they have no plans to do that, you could ask permission to distribute it yourself.
If your motives for wanting to distribute software are good, and you cannot get permission,
consider ways of persuading the creator to release the software again.
If you feel that there is a great demand for that particular title you might consider starting a
petition to have it re-released. This might be in the form of a poll, an actual list of
people interested or even a huge campaign.
They may not know how much of a demand there is for that title. Being partly responsible
for having a favourite title re-released is surely a greater achievement than owning another
download site.
Summary
Basically, unless permission is expressly given (by the copyright holder) for copying and/or
distribution of software, it is illegal to do so.
Copyright can last as long as 70 years after the death of the author, or as much as 100 years
after creation if the work was created by a corporation.
Considering that microcomputers were not available until the 1970s, this means that even
software created for them is still under copyright until sometime after 2040.
More information can be found on the Copyright page in this
section.
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