In summary, software companies, like in many other industries change name, go bankrupt, merge with other companies or cease to be for a variety of reasons. When this happens, the "owner" of whatever products they made whilst trading is usually uncertain. A piece of software, be it a game or otherwise, becomes Abandonware when it is still technically not "free" - however the original company is no longer around, or there are legal complications regarding its ownership. However, "abandonware" can also refer to software that simply is no longer sold, even if the company that created it is still functioning.
Enforcement of copyright
Abandonware's copyright is frequently no longer defended. This can be due to intentional non-enforcement by its owners due to the software's age or obsolescence, but sometimes because the
corporate copyright holder went out of business without transferring ownership, leaving no one to defend the copyright. (Copyrights on works created by an individual become the property of that person's
estate after his/her death.) Nevertheless, some companies (such as
LucasArts) vehemently defend their rights to old software from which they're no longer making profit.
Transfer of this software is still technically unlawful in most jurisdictions (except in cases of owner
dissolution) as the copyright is still in effect. Abandonware changes hands based on the presumption that the time and money that a copyright holder would have to spend enforcing the copyright is greater than any money the holder would earn selling software licenses. Additionally, proponents will argue that distributing software for whom there is nobody to defend the copyright is acceptable. Companies who have gone out of business without transferring their copyrights are an example of this; many manufacturers and software companies who developed for older systems are long since out of business and precise documentation of the copyrights may not even be readily available.
Often the availability of abandonware on the Internet is related to the willingness of copyright holders to defend their copyrights. For example, unencumbered games for
Colecovision are markedly easier to find on the Internet than unencumbered games for
Mattel Intellivision in large part because there is still a company that makes money by selling Intellivision games while no such company exists for the Colecovision.
[edit] Arguments
Proponents of abandonware argue that it is more ethical to make copies of such software than new software that still sells. Some who are ignorant of copyright law have incorrectly taken this to mean that abandonware is legal to distribute, although no software is old enough for its copyrights to have expired. Even in cases where the original company no longer exists, the rights usually still belong to someone else, though no one may actually know who actually owns the rights, including the owner themselves.
Abandonware advocates also frequently cite historical preservation as a reason for trading abandoned software. Some people argue that older computer media is fragile and very prone to rapid deterioration, and therefore it is necessary to copy these materials to a more modern and stable medium and generate as many copies as possible to ensure the software will not "disappear."
Users of still-functional older computer systems argue that they need abandonware because even if a title is re-released by its copyright holder, the new version most likely will be for a modern PC computer, while their older system may be an old PC or not even a PC at all. Additionally, re-released software is most likely not available in the medium used by old computer systems (5.25" diskette, cartridge, cassette tape, etc.) and therefore there is no way to legally purchase compatible software for old computers.
Abandonware supporters will even question the length of copyright in terms of computer software, as computer software can become obsolete much faster than other types of media, such as books or music.
Those who are against the practice argue that distributing this software, while not immediately obvious, can still rob its copyright holder of potential sales (in the form of re-released titles, "official" emulation systems, and so on). Also, it could be asserted that if people can acquire an old version of a program for free, they may be less likely to purchase a newer version for a price if the old version will meet their needs.