Abandonware is a product, typically software, ignored by its owner and manufacturer, and for which no product support is available. Although such software is usually still under copyright, the owner may not be tracking or enforcing copyright violations. Abandonware is a variant of the general concept of orphan works.
Definitions of "abandoned" vary, but in general it is like any item that is abandoned - it is ignored by the owner, and as such product support and possibly copyright enforcement are also "abandoned". It can refer to a product that is no longer available for legal purchase, over the age where the product creator feels an obligation to continue to support it, or where operating systems or hardware platforms have evolved to such a degree that the creator feels continued support cannot be financially justified. In such cases, copyright and support issues are ignored. Software might also be considered abandoned when it can be used only with obsolete technologies, such as pre-Macintosh Apple computers. A difference between abandonware and a discontinued product is that the manufacturer has not issued an official notice of discontinuance; instead, the manufacturer is simply ignoring the product.
The term "abandonware" is broad, and encompasses many types of old software.
Commercial software unsupported but still owned by a viable company
The availability of the software depends on the company's attitude toward the software. In many cases, the company which owns the software rights may not be that which originated it, or may not recognize their ownership. Some companies, such as Borland, make some software available online, in a form of freeware. Others do not make old versions available for free use and do not permit people to copy the software.
Commercial software owned by a company no longer in business
Often, no entity defends the copyright if such software is put onto abandonware websites. An example of this is Digital Research's original PL/I compiler for DOS. The rights to the software cannot be bought by another company; therefore, there is no possibility for a lawsuit.
Finding historical versions, however, can be difficult since most shareware archives remove past versions with the release of new versions. Authors may or may not make older releases available. Some websites collect and offer for download old versions of shareware, freeware, and (in some cases) commercial applications. In some cases these sites had to remove past versions of software, particularly if the company producing that software still maintains it, or if later software releases introduce Digital Rights Management, whereby old versions could be viewed as DRM circumvention.
Unsupported or unmaintained shareware
Again, finding historical versions may be possible, but very difficult.[dubious– discuss]
Open source and freeware programs that have been abandoned
In some cases, source code remains available, which can prove a historical artifact. One such case is PC-LISP, still found online, which implements the Franz Lisp dialect. The DOS-based PC-LISP still runs well within emulators and on Microsoft Windows.
If a software product reaches end-of-life and becomes abandonware, users are confronted with several potential problems: missing purchase availability (besides used software) and missing technical support, e.g. compatibility fixes for newer hardware and operating systems. These problems are exacerbated if software is bound ("dongle") to physical media with a limited life-expectancy (floppy discs, optical media etc.) and backups are impossible because of copy protection or copyright law. If the software product is without alternative, the missing replacement availability becomes a challenge for continued software usage.
Also, once a software product has become abandonware for a developer, even historically important software might get lost forever very easily, as several examples have shown. One of many examples is the closure of Atari in Sunnyvale in 1996, when the original source code of several milestones of video game history (like Asteroids or Centipede) was thrown out as trash.
Also, the missing availability of software and the associated source code can be a hindrance for software archeology and research.
As response to the missing availability of abandonware, people have distributed old software since shortly after the beginning of personal computing, but the activity remained low-key until the advent of the Internet. While trading old games has taken many names and forms, the term "abandonware" was coined by Peter Ringering in late 1996. Ringering found classic game websites similar to his own, contacted their webmasters, and formed the original Abandonware Ring in February 1997. This original webring was little more than a collection of sites linking to adventureclassicgaming.com. Another was a site indexing them all to provide a rudimentary search facility. In October 1997, the Interactive Digital Software Association sent cease and desist letters to all sites within the Abandonware Ring, which led to most shutting down. An unintended consequence (called the Streisand effect in Internet parlance) was that it spurred others to create new abandonware sites and organizations that came to outnumber the original Ring members. Sites formed after the demise of the original Abandonware Ring include Abandonia and Home of the Underdogs.
Several websites archive abandonware for download, including old versions of applications which are difficult to find by any other means. Much of this software fits the definition of "software that is no longer current, but is still of interest", but the line separating the use and distribution of abandonware from copyright infringement is blurry, and the term abandonware could be used to distribute software without proper notification of the owner.
The Internet Archive has created an archive of what it describes as "vintage software", as a way to preserve them. The project advocated for an exemption from the United States Digital Millennium Copyright Act to permit them to bypass copy protection, which was approved in 2003 for a period of 3 years. The exemption was renewed in 2006, and as of 27 October 2009[update], has been indefinitely extended pending further rulemakings. The Archive does not offer this software for download, as the exemption is solely "for the purpose of preservation or archival reproduction of published digital works by a library or archive." Nevertheless, in 2013 the Internet Archive began to provide antique games as browser-playable emulation via MESS, for instance the Atari 2600 game E.T. the Extra-Terrestrial.
Also the Library of Congress began with the long-time preservation of video games with the Game canon list around 2006. In September 2012 the collection had nearly 3,000 games from many platforms and also around 1,500 strategy guides.
With the new possibility of the digital distribution in mid-2000 the commercial distribution for many old titles became feasible again as deployment and storage costs dropped significantly. A Digital Distributor specialized in bringing old games out of abandonware is GOG.com (formerly called Good Old Games) who started 2008 to search for copyright holders of classic games to release them legally and DRM-free again.
Proponents of abandonware preservation argue that it is more ethical to make copies of such software than new software that still sells. Those ignorant of copyright law have incorrectly taken this to mean that abandonware is legal to distribute, although no software written since 1964 is old enough for copyright to have expired in the US. Even in cases where the original company no longer exists, the rights usually belong to someone else, though no one may be able to trace actual ownership, including the owners themselves.
Abandonware advocates also frequently cite historical preservation as a reason for trading abandoned software. Older computer media are fragile and prone to rapid deterioration, necessitating transfer of these materials to more modern, stable media and generation of many copies to ensure the software will not simply disappear. Users of still-functional older computer systems argue for the need of abandonware because re-release of software by copyright holders will most likely target modern systems or incompatible media instead, preventing legal purchase of compatible software.
Those who oppose these practices argue that distribution denies the copyright holder potential sales, in the form of re-released titles, official emulation, and so on. Likewise, they argue that if people can acquire an old version of a program for free, they may be less likely to purchase a newer version if the old version meets their needs.
Some game developers showed sympathy for abandonware websites as they preserve their classical game titles.
[...] personally, I think that sites that support these old games are a good thing for both consumers and copyright owners. If the options are (a) having a game be lost forever and (b) having it available on one of these sites, I'd want it to be available. That being said, I believe a game is 'abandoned' only long after it is out of print. And just because a book is out of print does not give me rights to print some for my friends."
"Is it piracy? Yeah, sure. But so what? Most of the game makers aren't living off the revenue from those old games anymore. Most of the creative teams behind all those games have long since left the companies that published them, so there's no way the people who deserve to are still making royalties off them. So go ahead--steal this game! Spread the love!"
In most cases, software classed as abandonware is not in the public domain, as it has never had its original copyright officially revoked and some company or individual may still own rights. While sharing of such software is usually considered copyright infringement, in practice copyright holders rarely enforce their abandonware copyrights and may allow the product to de facto lapse into the public domain to such an extent that enforcement becomes impractical.
Rarely has any abandonware case gone to court. But it is still unlawful to distribute copies of old copyrighted software and games, with or without compensation, in any Berne Convention signatory country.
Old copyrights are usually left undefended. This can be due to intentional non-enforcement by owners due to software age or obsolescence, but sometimes results from a corporate copyright holder going out of business without explicitly transferring ownership, leaving no one aware of the right to defend the copyright.
Even if the copyright is not defended, copying of such software is still unlawful in most jurisdictions when a copyright is still in effect. Abandonware changes hands on the assumption that the resources required to enforce copyrights outweigh benefits a copyright holder might realize from selling software licenses. Additionally, abandonware proponents argue that distributing software for which there is no one to defend the copyright is morally acceptable, even where unsupported by current law. Companies that have gone out of business without transferring their copyrights are an example of this; many hardware and software companies that developed older systems are long since out of business and precise documentation of the copyrights may not be readily available.
Often the availability of abandonware on the Internet is related to the willingness of copyright holders to defend their copyrights. For example, unencumbered games for Colecovision are markedly easier to find on the Internet than unencumbered games for MattelIntellivision in large part because there is still a company that sells Intellivision games while no such company exists for the Colecovision.
The Digital Millennium Copyright Act (DMCA) can be a problem for the preservation of old software as it prohibits required techniques. In October 2003, the US Congress passed 4 clauses to the DMCA which allow for reverse engineering software in case of preservation.
"3. Computer programs and video games distributed in formats that have become obsolete and which require the original media or hardware as a condition of access. ...The register has concluded that to the extent that libraries and archives wish to make preservation copies of published software and videogames that were distributed in formats that are (either because the physical medium on which they were distributed is no longer in use or because the use of an obsolete operating system is required), such activity is a noninfringing use covered by section 108(c) of the Copyright Act."
In November 2006 the Library of Congress approved an exemption to the DMCA that permits the cracking of copy protection on software no longer being sold or supported by its copyright holder so that they can be archived and preserved without fear of retribution.
Currently, US copyright law does not recognize the term or concept of "abandonware" while the general concept "orphan works" is recognized (see Orphan works in the United States). There is a long held concept of abandonment in trademark law as a direct result of the infinite term of trademark protection. Currently, a copyright can be released into the public domain if the owner clearly does so in writing; however this formal process is not considered abandoning, but rather releasing. Those who do not own a copyright cannot merely claim the copyright abandoned and start using protected works without permission of the copyright holder, who could then seek legal remedy.
Hosting and distributing copyrighted software without permission is illegal. Copyright holders, sometimes through the Entertainment Software Association, send cease and desist letters, and some sites have shut down or removed infringing software as a result. However, most of the Association's efforts are devoted to new games, due to those titles possessing the greatest value.
Once the copyright on a piece of software has expired, it automatically falls into public domain. Such software can be legally distributed without restrictions. However, due to the length of copyright terms in most countries, this has yet to happen for most software. All countries that observe the Berne Convention enforce copyright ownership for at least 50 years after publication or the author's death. However, individual countries may choose to enforce copyrights for longer periods. In the United States, copyright durations are determined based on authorship. For most published works, the duration is 70 years after the author's death. However, for anonymous works, works published under a pseudonym or works made for hire, the duration is 120 years after publication. In France, copyright durations are 70 years after the relevant date (date of author's death or publication) for either class.
However, because of the length of copyright enforcement in most countries, it is likely that by the time a piece of software defaults to public domain, it will have long become obsolete, irrelevant, or incompatible with any existing hardware. Additionally, due to the relatively short commercial, as well as physical, lifespans of most digital media, it is entirely possible that by the time the copyright expires for a piece of software, it will no longer exist in any form. However, since the largest risk in dealing with abandonware is that of distribution, this may be mitigated somewhat by private users (or organizations such as the Internet Archive) making private copies of such software, which would then be legally redistributable at the time of copyright expiry.
Sometimes user-communities convince companies to voluntarily relinquish copyright on software, putting it into the public domain, or re-license it as free software or as freeware. Transfer of public domain or freely licensed software is perfectly legal, distinguishing it from abandonware which still has full copyright restrictions.
Amstrad is an example which supports emulation and free distribution of CPC and ZX Spectrum hardware ROMs and software.Borland is another example for a company who released "antique software" as freeware.Smith Engineering permits not-for-profit reproduction and distribution of Vectrex games and documentation.
There are groups that lobby companies to release their software as freeware. These efforts have met with mixed results. One example is the library of educational titles released by MECC. MECC was sold to Brøderbund, which was sold to The Learning Company. When TLC was contacted about releasing classic MECC titles as freeware, the documentation proving that TLC held the rights to these titles could not be located, and therefore the rights for these titles are "in limbo" and may never be legally released.
The problem of missing technical support for a software can be most effectively solved when the source code becomes available. Therefore several companies decided to release the source code specifically to allow the user communities to provide further technical software support (bug fixes, compatibility adaptions etc.) themselves, e.g. by community patches or source ports to new computing platforms.
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^"Bubble Bobble". Arcade History. September 11, 2012. Archived from the original on September 30, 2012. Retrieved January 10, 2013. "In 1996, Taito announced that they lost the original source code program to Bubble Bobble following a reorganization - when it came to the recent ports and sequels, they had to work from program disassembly, playing the game and (mainly) the various home computer ports."
^"7800 Games & Development". atari-museum.com. 2009. Retrieved January 9, 2012. "These games were rescued from Atari ST format diskettes that were thrown out behind 1196 Borregas when Atari closed up in 1996. The Atari Museum rescued these important treasures and recovered them from the diskettes."
^"BIG NEWS: Wing Commander I Source Code Archived!". wcnews.com. August 26, 2011. Archived from the original on November 9, 2013. Retrieved January 14, 2013. "Thanks to an extremely kind donation from an anonymous former EA/Origin developer, the source code to the PC version of Wing Commander I is now preserved in our offline archive! Because of our agreement with Electronic Arts, we're not allowed to post recovered source code for download--but rest easy knowing that the C files that started it all are being kept safe for future reference. Our offline archive contains material that has been preserved but which can't be posted, including other source code and budget data from several of the games."
^"Wing Commander III - The Source Code". wcnews.com. September 13, 2011. Archived from the original on December 3, 2013. Retrieved January 14, 2013. "As we celebrate Wing Commander III's first widespread retail availability since the late 1990s, we would like to mention for anyone that we have the game's source code in our offline archive. We know it's frustrating for fans, who could do amazing things with this, to read these updates... but it's also in everyone's best interests to remind EA that we have the raw material from which they could port Wing Commander III to a modern computer or console. Just let us know!"
^"Wing Commander IV: Source Code". wcnews.com. April 3, 2012. Archived from the original on November 9, 2013. Retrieved January 14, 2013. "As with Wing Commander I and Wing Commander III, we are pleased to announced that an extremely kind former EA/Origin employee has provided a copy of the Wing Commander IV source code for our preservation efforts! We can't offer it for download at this time, but it is now preserved for future use."
^Voyager (April 8, 2007). "Ultima The Reconstruction - Fanpatches". reconstruction.voyd.net. Archived from the original on May 11, 2013. Retrieved May 28, 2011. "Fan patches are those packages released by an Ultima fan to either repair bugs in a game that were never fixed by Origin, solve platform compatibility issues, or enhance the gaming experience."
^Meer, Alec (July 15, 2011). "Undying: Vampire Bloodlines Patched Anew". Rock, Paper, Shotgun. Archived from the original on May 10, 2014. Retrieved August 2, 2011. "Bloodlines [...] was essentially abandoned by its publisher after its developer closed a few months after release, but the fans have just kept on going, fixing things, improving things, digging up locked away extra content [...]"
^Dirscherl, Hans-Christian (November 29, 2005). "Nicht tot zu kriegen: Win 98 Service Pack 2.1" (in german). PCWelt.de. Archived from the original on October 12, 2013. Retrieved January 10, 2013. "Einige Informationen zu diesem kuriosen Update-Pack: Da Microsoft nie ein Servicepack für Windows 98 SE (Zweite Ausgabe) herausgebracht hat, hat ein Programmierer aus der Türkei kurzerhand sein eigenes Servicepack für Windows 98 SE-Anwender erstellt. Es beinhaltet alle Windows 98 SE Updates von der Windows Update-Seite und weitere Updates sowie Verbesserungen."
^Walker, John (November 21, 2007). "RPS Exclusive: Gabe Newell Interview". Rock, Paper, Shotgun. Archived from the original on May 12, 2014. Retrieved January 10, 2013. "Gabe: The worst days [for game development] were the cartridge days for the NES. It was a huge risk – you had all this money tied up in silicon in a warehouse somewhere, and so you’d be conservative in the decisions you felt you could make, very conservative in the IPs you signed, your art direction would not change, and so on. Now it’s the opposite extreme: we can put something up on Steam, deliver it to people all around the world, make changes. We can take more interesting risks.[...] On Steam there’s no shelf-space restriction. It’s great because they’re a bunch of old, orphaned games."
^Lawson, Cliff (August 31, 1999). "Amstrad ROM permissions". comp.sys.amstrad.8bit. Retrieved January 19, 2013. "1) What exactly do you have to do to use Sinclair ROMs in an emulator, such as acknowledgements etc?" Amstrad are happy for emulator writers to include images of our copyrighted code as long as the (c)opyright messages are not altered and we appreciate it if the program/manual includes a note to the effect that "Amstrad have kindly given their permission for the redistribution of their copyrighted material but retain that copyright"."
^Largent, Andy (October 8, 2003). "Homeworld Source Code Released". www.insidemacgames.com. Archived from the original on October 12, 2013. Retrieved November 24, 2012. "With the release of Homeworld 2 for the PC, Relic Entertainment has decided to give back to their impressive fan community by releasing the source code to the original Homeworld."
^ abColayco, Bob (February 6, 2004). "Microsoft pledges Allegiance to its fanbase". gamespot.com. Retrieved July 22, 2011. "The release of the source code came in response to the enthusiasm of Allegiance's small-but-dedicated fanbase. Microsoft's Joel Dehlin commented that the development team has "been amazed at the level to which some of the Allegiance fans have remained hard-core. We’re astounded at the progress that has been made at creating new factions, hosting new servers, replacing authentication, etc. It seems that Allegiance hasn’t really died. With that in mind, we’re releasing the Allegiance source code to the community.""
^Proffitt, Brian (October 13, 2000). "StarOffice Code Released in Largest Open Source Project". linuxtoday.com. Archived from the original on October 16, 2013. Retrieved January 10, 2013. "Sun's joint effort with CollabNet kicked into high gear on the OpenOffice Web site at 5 a.m. PST this morning with the release of much of the source code for the upcoming 6.0 version of StarOffice. According to Sun, this release of 9 million lines of code under GPL is the beginning of the largest open source software project ever."
^Wen, Howard (June 10, 2004). "Keeping the Myths Alive". linuxdevcenter.com. Archived from the original on April 6, 2013. Retrieved December 22, 2012. "[...]fans of the Myth trilogy have taken this idea a step further: they have official access to the source code for the Myth games. Organized under the name MythDevelopers, this all-volunteer group of programmers, artists, and other talented people devote their time to improving and supporting further development of the Myth game series."
^Bell, John (October 1, 2009). "Opening the Source of Art". Technology Innovation Management Review. Archived from the original on March 30, 2014. Retrieved December 30, 2012. "[...]that no further patches to the title would be forthcoming. The community was predictably upset. Instead of giving up on the game, users decided that if Activision wasn't going to fix the bugs, they would. They wanted to save the game by getting Activision to open the source so it could be kept alive beyond the point where Activision lost interest. With some help from members of the development team that were active on fan forums, they were eventually able to convince Activision to release Call to Power II's source code in October of 2003."