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.
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.
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.
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.