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Abandonware refers to computer software that is no longer sold or supported, or whose ownership may be unclear for various reasons. While the term has been applied largely to older games, other classes of software are sometimes described as such. Definitions of "abandoned" vary; generally, it refers to software no longer available for legitimate purchase or of a certain age. Software companies may change their names, go bankrupt, enter into mergers, or cease to exist for a variety of reasons. When this happens, product rights are usually transferred to another company that might not sell or support the software acquired.

Contents

History

People have distributed old software since shortly after the dawn of personal computing, but the activity remained low-key until the advent of the Internet. The Internet is a global system of interconnected Computer networks While trading old games has taken many names and forms, the actual term "abandonware" was coined by Peter Ringering in late 1996. Ringering found classic game websites similar to his own, contacted their webmasters, and formed the original Abandonware Ring in February 1997. [1] This original webring was little more than a collection of sites linking to one another, with one site indexing them all to provide a rudimentary search facility. A webring in general is a collection of Websites from around the Internet joined together in a circular structure In October 1997, the Interactive Digital Software Association sent cease and desist letters to all sites comprising the Abandonware Ring, which led to most shutting down. The Entertainment Software Association (ESA is the Trade association of the Computer and video game industry in the United States A cease and desist (also called C & D) is an order or request to halt an activity or else face legal action An unintended consequence was that it spurred others to create new abandonware sites and organizations that came to outnumber the original Ring members. Some such sites formed after the demise of the original Ring include Classic Trash and Home of the Underdogs. Home of the Underdogs (often called HotU) is an Abandonware archive founded by Sarinee Achavanuntakul in September 1998 and has grown to be one of the most significant

Rarely has any abandonware case gone to court. In November 2006 the Library of Congress approved an exemption to US copyright law that permits the cracking of copy protection on software no longer being sold or supported by its copyright holder so that they can be archived and preserved without fear of ramification. It is still unlawful to distribute the old software and games, free or otherwise in any Berne Convention signatory country. The Berne Convention for the Protection of Literary and Artistic Works, usually known as the Berne Convention, is an international agreement governing Copyright [2]

Archives

Several websites archive abandonware for download, including old versions of applications which are difficult to find by any other means. Much of this software fits the definition of "software that is no longer current, but is still of interest", but the line separating abandonware from software piracy (or warez) is blurry, and the term abandonware could be used to distribute software without proper notification of the owner. The Copyright infringement of Software (also known as software piracy) refers to several practices which involve the unauthorized copying of computer "Warez" refers primarily to Copyrighted works traded in violation of Copyright law.

The Internet Archive has created an archive of what it describes as "vintage software", as a way to preserve them. The Internet Archive ( IA) is a Nonprofit organization dedicated to maintaining an on-line Library and archive of Web and [3] The project advocated for an exemption from the United States Digital Millennium Copyright Act to permit them to bypass copy protections, which was approved in 2003 for a period of 3 years. The Digital Millennium Copyright Act (DMCA is a United States Copyright Law which implements two 1996 treaties of the World Intellectual Property [4] The exemption was renewed in 2006, and is currently due to expire on 27 October 2009. Events 312 - Constantine the Great is said to have received his famous Vision of the Cross. This article is about the year For the film see 2009 Lost Memories. The Archive does not offer this software for download, as the exemption is solely "for the purpose of preservation or archival reproduction of published digital works by a library or archive. "[5]

Types of abandonware

The term "abandonware" is broad, and encompasses many types of old software.

Abandoning software

Software can be abandoned when it can only be used with obsolete technologies such as an Amiga, Atari or pre-Macintosh Apple computer. Companies do sometimes voluntarily relinquish copyright on software, putting it into the public domain, or re-license it as free software or freeware. Free software or software libre is Software that can be used studied and modified without restriction and which can be copied and redistributed in modified or unmodified id Software is an early proponent of this practice, releasing the source code for the game engines (but not the actual game content, such as levels or textures) of some older titles under a free software license. id Software (ɪd officially is an American computer game developer based in Mesquite, Texas, a suburb of Dallas. A game engine is a software system designed for the creation and development of computer and video games A free software licence is a Software licence which grants recipients rights to modify and redistribute the Software which would otherwise be prohibited by Copyright Other examples include Amstrad, which supports emulation and free distribution of CPC and ZX Spectrum hardware ROMs and software, and Revolution Software, which released their game Beneath a Steel Sky as freeware and gave the engine's source code to the authors of ScummVM to add support for the game. Amstrad is an electronics firm based in Brentwood in Essex, England and founded in 1968 by Sir Alan Michael Sugar in the The Amstrad CPC is a series of 8-bit Home computers produced by Amstrad Plc during the 1980s and early 1990s The Sinclair ZX Spectrum is an 8-bit personal Home computer released in the United Kingdom in 1982 by Sinclair Research Ltd Revolution Software Ltd is a British Adventure game company based in York in north east England. Beneath a Steel Sky is a British 1994 Science fiction Point and click Adventure game in the Cyberpunk genre ScummVM is a collection of Game engine recreations Originally designed to play LucasArts adventure games that use the SCUMM system (the VM in Transfer of public domain or free software is perfectly legal, distinguishing it from copyrighted abandonware. See list of commercial games released as freeware. Commercial games released as freeware are games that in their original license were not considered Freeware, but were re-released at a later date with a freeware license sometimes as

There are groups that lobby companies to release their software as freeware. These efforts have met with mixed results. One example is the library of educational titles released by MECC. The Minnesota Educational Computing Consortium (later Corporation) most commonly known as MECC, was an organization founded in 1973 MECC was sold to Brøderbund, which was sold to The Learning Company (TLC). Brøderbund Software was an American maker of Computer games Educational software and The Print Shop productivity tools The Learning Company (TLC is an American Educational software company founded in 1980 When TLC was contacted about releasing classic MECC titles as freeware, the documentation proving that TLC owned the rights to these titles could not be located, and therefore the rights for these titles are "in limbo" and may never be legally released. [7]

Enforcement of copyright

Old copyrights are sometimes left undefended. This can be due to intentional non-enforcement by owners due to software age or obsolescence, but sometimes results from a corporate copyright holder going out of business without explicitly transferring ownership, leaving no one aware of the right to defend the copyright. A corporation is a separate legal entity usually used to conduct business

Even if the copyright is not defended, copying of such software is still unlawful in most jurisdictions when a copyright is still in effect. Abandonware changes hands on the assumption that the resources required to enforce copyrights outweigh benefits a copyright holder might realize from selling software licenses. Additionally, abandonware proponents argue that distributing software for which no one remains to defend the copyright is acceptable. Companies that have gone out of business without transferring copyrights are an example; many hardware and software companies that developed older systems are long since out of business and precise documentation of the copyrights may not be readily available.

The case for preservation

Proponents of abandonware argue that it is more ethical to make copies of such software than new software that still sells. Those ignorant of copyright law have incorrectly taken this to mean that abandonware is legal to distribute, although no software written since 1964 is old enough for copyright to have expired in the US. [8] Even in cases where the original company no longer exists, the rights usually belong to someone else, though no one may be able to trace actual ownership, including the owners themselves.

Abandonware advocates also frequently cite historical preservation as a reason for trading abandoned software. [1] Older computer media is fragile and prone to rapid deterioration, necessitating transfer of these materials to more modern, stable media and generation of many copies to ensure the software will not simply disappear. Users of still-functional older computer systems argue for the need of abandonware because re-release of software by copyright holders will most likely target modern systems or incompatible media instead, preventing legal purchase of compatible software.

Those who oppose these practices argue that distribution denies the copyright holder potential sales, in the form of re-released titles, official emulation, and so on. Likewise, if people can acquire an old version of a program for free, they may be less likely to purchase a newer version if the old version meets their needs.

US copyright law

Copyright law does not recognize the term or concept of "abandonware". There is a long held concept of abandonment in trademark law as a direct result of the infinite term of trademark protection. A trademark or trade mark, represented by the symbols ™ and ®, or mark is a distinctive sign or indicator used by an individual Currently, a copyright can be released into the public domain if the owner clearly does so in writing; however this formal process is not considered abandoning, but rather releasing. Those who do not own a copyright cannot merely claim the copyright abandoned and start using protected works without permission of the copyright holder, who could then seek legal remedy.

Hosting and distributing copyrighted software without permission is illegal. Copyright holders, sometimes through the Entertainment Software Association, send cease and desist letters, and some sites have shut down or removed infringing software as a result. The Entertainment Software Association (ESA is the Trade association of the Computer and video game industry in the United States However, according to Wired magazine, most of the Association's efforts are devoted to new games, due to those titles possessing the greatest value. Wired is a full-color monthly American Magazine and on-line periodical published in San Francisco, California since March 1993 [9]

References

  1. ^ a b The Abandonware Ring FAQ. The Official Abandonware Ring (2006). Retrieved on 2007-03-08. Year 2007 ( MMVII) was a Common year starting on Monday of the Gregorian calendar in the 21st century. Events 1618 - Johannes Kepler discovers the third law of planetary motion.
  2. ^ Miller, Ross. US Copyright Office grants abandonware rights. Retrieved on 2008-01-02. 2008 ( MMVIII) is the current year in accordance with the Gregorian calendar, a Leap year that started on Tuesday of the Common Events 366 - The Alamanni cross the frozen Rhine River in large numbers invading the Roman Empire.
  3. ^ The Internet Archive Classic Software Preservation Project. Retrieved on 2007-10-21. Year 2007 ( MMVII) was a Common year starting on Monday of the Gregorian calendar in the 21st century. Events 1512 - Martin Luther joins the theological faculty of the University of Wittenberg.
  4. ^ Internet Archive Gets DMCA Exemption To Help Archive Vintage Software. Retrieved on 2007-10-21. Year 2007 ( MMVII) was a Common year starting on Monday of the Gregorian calendar in the 21st century. Events 1512 - Martin Luther joins the theological faculty of the University of Wittenberg.
  5. ^ Library of Congress Copyright Office (2006-11-27). The Library of Congress is the De facto National library of the United States and the research arm of the United States Congress The United States Copyright Office, a part of the Library of Congress, is the official U Year 2006 ( MMVI) was a Common year starting on Sunday of the Gregorian calendar. Events 1095 - Pope Urban II declares the First Crusade at the Council of Clermont "Exemption to Prohibition on Circumvention of Copyright Protection Systems for Access Control Technologies". Federal Register 71 (227): 68472-68480. The Federal Register (since March 14, 1936) abbreviated Fed Reg “Computer programs and video games distributed in formats that have become obsolete and that require the original media or hardware as a condition of access, when circumvention is accomplished for the purpose of preservation or archival reproduction of published digital works by a library or archive. A format shall be considered obsolete if the machine or system necessary to render perceptible a work stored in that format is no longer manufactured or is no longer reasonably available in the commercial marketplace. ” 
  6. ^ CDN » Museum. Retrieved on 2007-10-21. Year 2007 ( MMVII) was a Common year starting on Monday of the Gregorian calendar in the 21st century. Events 1512 - Martin Luther joins the theological faculty of the University of Wittenberg.
  7. ^ Savetz, Kevin (2001-09-17). Year 2001 ( MMI) was a Common year starting on Monday according to the Gregorian calendar. Events 1176 - The Battle of Myriokephalon is fought 1462 - The Battle of Świecino (or Battle of Żarnowiec Can "Abandonware" Revive Forgotten Programs?. byte. com. Retrieved on 2007-03-08. Year 2007 ( MMVII) was a Common year starting on Monday of the Gregorian calendar in the 21st century. Events 1618 - Johannes Kepler discovers the third law of planetary motion.
  8. ^ Hollaar, Lee (2002). Copyright of Computer Programs. Retrieved on 2007-0-21.
  9. ^ King, Brad (2002-01-19). See also 2002 (disambiguation Year 2002 ( MMII) was a Common year starting on Tuesday of the Gregorian calendar. Events 1419 - Hundred Years' War: Rouen surrenders to Henry V of England completing his reconquest of Normandy. Abandonware: Dead Games Live On. Wired. Wired is a full-color monthly American Magazine and on-line periodical published in San Francisco, California since March 1993 Retrieved on 2007-04-02. Year 2007 ( MMVII) was a Common year starting on Monday of the Gregorian calendar in the 21st century. Events 68 - Galba, Governor of Hispania, names himself legatus senatus populique Romani, breaking the line of

See also

External links

GameSpot is a video gaming Website that provides News, Reviews Previews Downloads and other information

Dictionary

abandonware

-noun

  1. (computing, especially video games): A software product, especially a video game, whose copyright is no longer defended or which is no longer marketed even by the company who made it.
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