ceemdee: But how are you to know if a copyright holder doesn't have any interest in enforcing their copyright anymore? An individual with fewer resources (no army of lawyers) might have a harder time enforcing their copyright than a large company even if the individual's copyright is much newer.
Well, if you don't have the ability to ask someone (by attempting to contact them), there a couple of ways to make a logical decision. If a company is selling something, you can reasonably assume that they don't want other people selling it. If they are providing tech support or hosting servers, you can reasonably assume that they only want legitimate purchasers participating. But if they haven't sold something in a long time, cannot be contacted for comment, and are no longer supporting a community, then it is reasonable to assume that they have lost interest.
The way abandonware sites handle it is by saying "We believe this work to be abandoned. If you are the copyright owner and you object to us distributing your work, please send us an email and we will take it down immediately." That is of course, ethically grey, because it depends on "getting caught". (Though they generally make no effort to "hide".) IMO, that should only be the approach if there is an honest belief that the work really is abandoned.
At that point, it's a personal ethical decision on the part of the person copying it.
lukaszthegreat: I have never done (in last decade at least) a thing which i knew was wrong or immoral. sure... i did wrong things, never on purpose, never intentionally.
So please don't give me the crap: I am only human!
Syme: Well, aren't you a little angel.
It sounds like he's trying. Which IMO is what separates the "good" people from the "bad" people. The good people are trying to do what's right. I don't think it's fair to mock him for that.