Lecture Notes: Abandonware

Definition and Context

• Abandonware: Refers to products, typically software, that are ignored by their owner and manufacturer. These products can no longer be found for sale and lack official support.
• Intellectual Property Context: Abandonware falls under the category of orphan works within intellectual property rights.
• Preservation Efforts: Museums and organizations work to preserve and provide legal access to abandonware.

Characteristics

• The term is broad and encompasses various types of old software.
• Abandonment often results in the lack of product support and copyright enforcement.
• Only a small percentage of classic games released between 1960-2009 are commercially available.

Examples

• Examples include "The Simpsons: Hit & Run," "Lemmings," early "Civilization" games, and older "Need for Speed" titles.
• Other examples from PC Gamer include "The Lord of the Rings: The Battle For Middle-earth II" and "The Neverhood."

Categories of Abandonware

Commercial Software Unsupported

• Availability depends on company attitude; some companies offer old software as freeware, others don't.

Software from Defunct Companies

• If no owning entity exists, intellectual property activities cease.
• Rights may be in legal limbo and cannot be purchased by another company.

Shareware

• Authors may or may not make older versions available.
• Unsupported shareware can become inaccessible due to expired trial licenses.

Open-source and Freeware

• Source code might still be available, but the author might not be reachable.
• Missing support can be problematic if software is bound to physical media or DRM.

Preservation and Archiving

Early Abandonware Websites

• The term "abandonware" was coined in 1996; early websites distributed old software.
• Cease and desist letters led to the closure of many sites, but new ones emerged.

Internet Archive

• Has an archive of vintage software and received a DMCA exemption for preservation purposes.

Preservation Projects

• Organizations like the Library of Congress and the International Center for the History of Electronic Games work on preserving video games and software.

Community Involvement

• Communities sometimes provide support through unofficial patches and reverse engineering.
• GOG.com works to legally distribute classic games via digital distribution.

Legal and Ethical Issues

Copyright

• Abandonware is not legally recognized; the term "orphan works" is used.
• Distribution without permission is illegal, though rarely enforced for obsolete software.

Alternatives

• Companies might release software as freeware or open-source to allow community support.
• Some developers express support for the preservation of their old titles.

Conclusion

• Abandonware represents a significant challenge in terms of preservation, legal status, and community support.
• There are ongoing efforts to preserve these digital artifacts through legal and community-driven initiatives.