solzariv: Since when does the general public need a company's permission to actualize a concept and agree upon its terminologies? This is like saying "ain't" and other slang terms aren't real words just because some high-brow dictionaries by Oxford scholars don't make any mention of them. Rubbish logic.
Tizzysawr: I believe the OP meant to say that legally Abandonware doesn't exist, which is right... Regardless of whether people speak of such concept as though it existed, as long as it doesn't appear in any law anywhere it just won't exist. And currently no laws say that after a ceirtain number of years/if a publisher stops selling a software product you can download it for free. It isn't prosecuted, but if the companies decided to do so it would go to court as good old piracy.
That's exactly what I meant, the way the abandonware phrase is commonly used doesn't really exist. If a companies okay with it being put out for free, like GOG did with Lure of the Temptress, Beneath a Steel Sky and so on, the game really becomes Freeware. There was even a site around at one time that was famous (or should that be infamous) for so called abandonware and they admitted that it was at the very best a grey term and had no legal standing. They did host some of these games but at the same time did say that if the company or rights holders came along and said it wasn't on, they would remove them.
The same has happened with TV shows getting rereleases that use popular music. TV shows like Heartbeat, Tour of Duty, Cold Case either never get released on DVD or are altered due to the nightmare that is music publishing rights.