ghans wrote:Furthermore the whole concept of "Abandonware" is legally
completely untenable and a thin disguise for outright piracy.
ghans
Interestingly, the DMCA of 2013 has stated that in certain circumstances you are allowed to make use of abandonware, specifically:
3. Computer programs and video games distributed in formats that have become obsolete and which require the original media or hardware as a condition of access. ...The register has concluded that to the extent that libraries and archives wish to make preservation copies of published software and videogames that were distributed in formats that are (either because the physical medium on which they were distributed is no longer in use or because the use of an obsolete operating system is required), such activity is a noninfringing use covered by section 108(c) of the Copyright Act."
(taken from
Exemption to Prohibition on Circumvention of Copyright Protection Systems for Access Control Technologies, Page 4)
But like you said, the actual ability to defend yourself in court even citing the above and claiming you're an archiver is likely nil, and while I find the seemingly over generous blanket condemnation of abandonware as piracy slightly heavy handed and regardless of the way the law *should* be to encourage innovation and how software *should* be more freely accessible once the company is no longer distributing it and hasn't been since the 80s, the law is... archaically draconian when it comes to DRM and the law tends to agree with the stance that everything you do is piracy.
Sorry bout that, let me just put this soapbox away and I'll be getting my hat.
