Tallima: I've seen some devs say that you can pirate their old games bc they aren't sold.
I'm in the pro-abandonware group. I don't see it as stealing at all. It's redistributing important historical documents.
The law was crappy when it came to licenses of software because it doesnt work well with historical /retention/archiving purposes.
If you play a game that isn't sold anywhere for the purpose of experiencing a historical record, then I don't think you're breaking any US laws. That's how archive.org gets away with putting up it's software. There are archival allowances. I'd have to research more to know for sure. I'm no lawyer.
If it's not illegal, then its certainly not immoral. I'd argue it's not immoral already. The only immoral implication would be if it was illegal because you would be breaking a law, not because you were doing something immoral.
That said, sometimes abandonware isn't abandoned at all. So it is important to know if the publisher has truly abandoned the game.
I've also seen devs say you can download their old games. To me that is the dev offering up the rights. But I think it behooves the downloader to make sure this is what the devs want, not just to assume every game not being sold is free to download.
My main problem with the vast majority of so-called abandonware sites is that they are filled with titles which clearly are not abandoned. Every time I've seen someone link to such a site, I've gone there and found games like Oblivion, Morrowind, Starcraft, Warcraft, Warcraft II. I've seen some of them include links to GoG right alongside a link to a pirate copy of the same game.
To me, that is not abandonware, that is piracy. Now, if a site is truly acting in good faith, that's a different matter. Archive.org seems to honestly stick to the straight and narrow. If one checks, you'll notice they have the Captain Claw demo on their site but not the game! They seem to be doing it right by using their own diligence to make sure a game is legally obtained. They also link the copyright holders such as Monolith to the demo.
But besides them, the typical PC abandonware site --- is just outright piracy. They don't care about the rights and they certainly are not non-profit...