Abandonware (was: Re: is it possible to rebuild old c64 hardware enhancements?)

[Jim Leonard]

Dan Gahlinger wrote:
> you're wrong. there is true abandonware.

No, there is not.  And I'm going to qualify this statement by dropping 
the bomb that I created the modern form of Abandonware.  I was not only 
one of the original members of the first "ring", but I created the 
public infrastructure that evolved into what you recognize as typical 
abandonware today (ie. a public presence with decent websites, search 
engines, and linked networks; had I not done this, the name 
"Abandonware" and its concept would have died in the internal 
underground network we had).  I also hold the dubious honor of being the 
first website that the then-named IDSA sent a cease-and-desist letter to 
shut down.  (Which I complied with.)

I never liked the term Abandonware because it's not a legal concept; 
it's a dreamer's concept.  I was always in favor of changing the name of 
our ring to "oldwarez", because that was not only technically correct, 
but had the right spirit (we were going to preserve history whether 
companies liked it or not).  Obviously, I never got the name changed.

> if a company dies and no one picks up the parts, the copyrights (owned by the company) lapse.

Copyrights are inherent, and inherited.  When a company goes under, 
their assets are picked up by the creditors, typically a bank.  They are 
always owned by someone...

...unless they are explicitly dismissed and given away, like in the case 
of Polarware / Penguin Software.  The owner of the company declared all 
the old tools ("Graphics Magician") and games ("Transylvania", etc.) 
public domain and offers them freely on his Penguin Software history 
website.  But that is not "abandonware" -- that is public domain.  There 
is no such thing (legally) as "abandonware".

> you could say theres a provision of 25 years, but when the entity ceases to exist, and no holders remain, this is not the case.

Copyright is 75 years, but that is not necessarily what protects things. 
  Intellectual Property Rights is what you should be learning about.  Go 
look it up.

I wrote an article about all of this for MobyGames; it's dated, but it's 
here if you would like to read it: 
http://www.mobygames.com/featured_article/feature,7/
(Yes, I consulted actual lawyers.)

BTW, I founded MobyGames too.  MobyGames was my effort to get as close 
to the historical appreciation aspect of what the abandonware movement 
partially stood for, without offering illegal downloads.
-- 
Jim Leonard (trixter at oldskool.org)            http://www.oldskool.org/
Help our electronic games project:           http://www.mobygames.com/
Or check out some trippy MindCandy at     http://www.mindcandydvd.com/
A child borne of the home computer wars: http://trixter.wordpress.com/