Namur: Sanitarium and Simon the Sorcerer are definitely not abandonware.
I seem to recall buying Sanitarium from somewhere a couple years back... And I think I've seen Simon the Sorcerer for sale at the same place.
Bhaldur: Mhm... I was just excited, found it on a german hardware forum (computerbase). They said it's free and legal, but beause I cant find any proof for this statement, I removed the link. Sorry :-/
No worries, it was an honest enough mistake. I always do a quick google to see if I can find anywhere that sells a game before I download it without paying. I tend not to download it even if the only copies are really expensive, just because I don't view it as OK.
Unfortunately, it can be a challenge sometimes to determine what is and is not legitmately free. Most notable commercial software that ends up being free ends up being listed here:
http://en.wikipedia.org/wiki/List_of_commercial_video_games_released_as_freeware