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Please refrain from posting your abandonware politics every chance you get.

Abandonware is NOT illegal and it is ethically sound.
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misato: Okay, let me see if I can clear this up. You say if software is being sold somewhere, then that software is not abandonware. You may be right about that technically. My point was that many times I have seen software on a lot of websites being touted as abandonware and being given away, and other websites still selling that same software. For example, I have seen software here on Gog before, that is also on the Home of the Underdogs website ( they have a lot of old software that they claim is abandonware ). By your logic, the abandonware on Home of the Underdogs is now all of a sudden not abandonware the minute Gog decides to sell it. That doesn't make sense, and I am no copyright lawyer, but I am almost 100% certain that suddenly deciding to sell abandonware that has always been free, does not place that software in a different copyright / distribution category. It is still abandonware. That would be like saying that if band A plays a song written by band B, then that song now belongs to band B. I'm sorry. It doesn't work that way.
You're right that it doesn't work that way, but for all the wrong reasons.

"deciding to sell abandonware that has always been free"

Well this is where it all goes wrong. First, abandonware isn't a legal term; it refers to software which is still in copyright and hasn't been made free but for which new licences are no longer being sold (i.e. the game is out of print). Abandonware is still copyright infringement and in the eyes of the law, no different from copyright infringement of say Mass Effect 3. You are however much less likely to be prosecuted for the abandonware simply because the copyright holder probably doesn't care.

Something ceases to be abandonware when the copyright holder re-releases it in some way (through GOG, Steam, one of those budget labels that does physical copies etc.). It's not changeing "copyright/distribution category" because abandonware was never an official status, it's just a colloquial term that distinguishes between software available for purchase and software not available for purchase.

Thus, if GOG starts selling a game again, downloading it becomes plain old normal piracy, no different from downloading Mass Effect 3.

EDIT: Also, analogy fail. Band B wrote the song, of course band B owns it.
Post edited March 31, 2012 by SirPrimalform
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anjohl: Please refrain from posting your abandonware politics every chance you get.

Abandonware is NOT illegal and it is ethically sound.
It is most definitely illegal. There are still people/companies who have the rights to these games, and just because they are no longer sold does not mean that you are allowed to just download the games for free. Ethically sound? Well, I'm not going into that debate.
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anjohl: Abandonware is NOT illegal and it is ethically sound.
I agree that it's ethically sound, but in the eyes of the law it's the same as any other copyright infringement.
It is not illegal. At worst it violates copyright law. Also, the derision people on here use the term with is extremely insulting. Legal =/= Ethical, illegal =/= unethical.
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anjohl: It is not illegal. At worst it violates copyright law. Also, the derision people on here use the term with is extremely insulting. Legal =/= Ethical, illegal =/= unethical.
You're missing the point. This thread isn't about the legality or morality of abandonware, it's about the OP not even being able to grasp what abandonware means.
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anjohl: It is not illegal. At worst it violates copyright law.
Uhm... If you're violating a law, you're doing something illegal. Just look up the meaning of "illegal"
1. (law) Contrary to or forbidden by law, especially criminal law.
http://en.wiktionary.org/wiki/illegal

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anjohl: Also, the derision people on here use the term with is extremely insulting. Legal =/= Ethical, illegal =/= unethical.
Who said that abandonware is unethical?
Post edited March 31, 2012 by real.geizterfahr
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anjohl: It is not illegal. At worst it violates copyright law.
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real.geizterfahr: Uhm... If you're violating a law, you're doing something illegal. Just look up the meaning of "illegal"
1. (law) Contrary to or forbidden by law, especially criminal law.
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real.geizterfahr: http://en.wiktionary.org/wiki/illegal
No, anjohl is right there. Copyright violation is not a criminal act, you have to be sued by the copyright holder for there to be any legal action.
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SirPrimalform: No, anjohl is right there. Copyright violation is not a criminal act, you have to be sued by the copyright holder for there to be any legal action.
Maybe there's a subtlety in the english meaning of "illegal" that I don't see... As far as I understood, you're doing something illegal if it is against the law. Killing someone is illegal and a crime. Ignoring the traffic lights is illegal as well, but just a minor infraction (or offense).

A describing synonym for "illegal" could be "not allowed by law". At least that's what illegal means to me...
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AlKim: Also, The Whispered World is 19.99€ (or $19.99, in the USA, I presume) on Steam so it's not like GOG is ripping you off or anything.
If you just want the English version it is a great offer. But the Steam version also supplies language versions in German, French, Italian and Spanish. Just FYI.
Post edited March 31, 2012 by ZivilSword
I wish people would quit saying that I think GOG is ripping me off or that I am against GOG's pricing. If you read my initial post about this, then you would have read that I think GOG is justified in charging for software, since the sites that provide these for free don't make them XP or Vista compatible like GOG does.

All I asked was why were the recent software aquisiitons priced more than GOG has charged for the ton of software they've made available up until this point.

And the word 'inflation' was also not a slap on GOG. Inflation simply means a rise in price. Jeeeze!


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misato: Is it just me, or has anybody else noticed that GOG no longer sticks to the 5.99 and 9.99 price structure it has always had, and that each game that GOG acquires keeps getting more and more expensive. What's up with that?
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AlKim: They haven't raised the price of existing games so calling it inflation seems a bit far-fetched to me.

Also, The Whispered World is 19.99€ (or $19.99, in the USA, I presume) on Steam so it's not like GOG is ripping you off or anything.
low rated
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Titanium: Great. Every time someone mentions "abandonware", we have to confront either one extreme (why are you selling abandonware games, they are free elsewhere) and the other (there is no abandonware, only piracy, therefore piracy equals eternal hell).

This didn't quite materialise here yet, but it will, trust me.
Somebody has already equated Abandonware with Piracy. I don't see how they figure that, when it is the software publishers themselves that decide when to give their software away.

For instance, you can't say that giving away a certain program by Atari is piracy, if Atari themselves decide that the commercial life of that program has run it's course and they give it away to anyone and everyone from that point on.

I mean, if you gave away a car that you don't need anymore, would you then call the authorites and report that car stolen? Well same thing here. You can't say a program wi being pirated when those who made the program are giving it away.
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misato: Somebody has already equated Abandonware with Piracy. I don't see how they figure that, when it is the software publishers themselves that decide when to give their software away.

For instance, you can't say that giving away a certain program by Atari is piracy, if Atari themselves decide that the commercial life of that program has run it's course and they give it away to anyone and everyone from that point on.

I mean, if you gave away a car that you don't need anymore, would you then call the authorites and report that car stolen? Well same thing here. You can't say a program wi being pirated when those who made the program are giving it away.
In the case of abandonware, your analogy is flawed. It's more like Atari has a car that they abandoned in their basement for 10 years; Just because Atari let the car rot in the garage and doesn't use it or sell it for the time being, doesn't mean anyone can go to the basement and take it.

And if you feel you have the right to take it, please show us an explicit, written permission from Atari that says that instead of just thinking, "Well, they've abandoned their car for years, I'm sure they don't mind if I take it for a ride!"
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misato: Somebody has already equated Abandonware with Piracy.
From the legal point abandonware IS piracy. Laws don't know abandonware. What laws do know, is downloading and using software without permission. That's a copyright infringement.

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misato: I don't see how they figure that, when it is the software publishers themselves that decide when to give their software away.
Well... The problem is: They never gave their software away. If they do so, it is freeware.

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misato: For instance, you can't say that giving away a certain program by Atari is piracy, if Atari themselves decide that the commercial life of that program has run it's course and they give it away to anyone and everyone from that point on.
They don't do this. They don't say "The commercial life of our product is over. Feel free to grab it." The only thing they say is "The commercial life is over, so it would be kind of stupid to waste money on new boxed copies, because no one will put them on their shelf, because shelfspace in stores is limited."

Yes, there's digital distribution now. But we're not talking about Call of Duty here. Call of Duty is on Steam from it's day of release and it will be available "forever". Why should they remove it from Steam? No, we're talkig about games that have been released before digital distribution became popular. Right, publishers could offer all their old games digital. But they don't. I think they don't see enough profit to waste their time on all the legal stuff.

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misato: I mean, if you gave away a car that you don't need anymore, would you then call the authorites and report that car stolen? Well same thing here.
No, it's not the same thing. You don't give your car to someone. The "same thing" (Not even remotely the same, because your car is gone if someone takes it. But forget about that for the moment.) would be if you leave your car on the street for a couple of month and suddenly it is gone. Someone took it, because he decided you don't need it anymore. Would you report it stolen? I would! But that's the difference between stealing and copyright infringement... The car is gone forever. I can't decide to sell it later, because I don't have it anymore. Software isn't gone, no matter how many copies were made. But that's a different topic.

However... If you get caught with a stolen car, you can't save your ass by talking about "abandoncars". The same goes for software. Abandonware is just "stolen" (copied without permission) software. Publishers just don't enforce their rights, because they haven't lost any imaginary sales, when you're copying something they don't sell anymore. But this doesn't make abandonware legal.

And to relate everything to your first post: Yes, all the games you find on GOG are available for free on other sites. But that's piracy. And no, GOG doesn't take money for letting you pirate a game that's made compatible to new computers ;) GOG has signed contracts with the right holders of the games. They're not abandoncar dealers, they're official car dealers.

ps. I don't deny that it is ethically okay to download a game that is not available for purchase. But games on GOG are available for purchase. So dowloading abandonware that is available on GOG (we already pointed out the contradiction) is piracy.
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misato: And the word 'inflation' was also not a slap on GOG. Inflation simply means a rise in price. Jeeeze!
Inflation means the rise of all prices (or the value of money going down, which amounts to the same thing) which is not happening on GOG.