Once a software product becomes abandonware, there is a high risk that the source code becomes lost or irrecoverable even for its original developers, as multiple cases have shown.[8] One of many examples is the closure of Atari in Sunnyvale, California in 1996, when the original source codes of several milestones of video game history (such as Asteroids and Centipede) were thrown out as trash, some of which were later recovered.[9][10]
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.[12] Ringering found classic game websites similar to his own, contacted their webmasters, and formed the original Abandonware Ring in February 1997.[12] 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 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, Bunny Abandonware and Home of the Underdogs. In later years abandonware websites actively acquired and received permissions from developers and copyright holders (e.g. Jeff Minter, Magnetic Fields[13][14] or Gremlin Interactive[15]) for legal redistribution of abandoned works;[16] an example is World of Spectrum who acquired the permission from many developers and successfully retracted a DMCA case.[17][18][19][20]
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 Much of this software fits the definition of "software that is no longer current, but is still of interest," but the line separating the use and distribution of abandonware from copyright infringement is blurry, and the term abandonware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.[21] 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 three years.[22] The exemption was renewed in 2006, and as of 27 October 2009[update], has been indefinitely extended pending further rulemakings.[23] 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."[24] 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.[25] Since 23 December 2014 the Internet Archive presents via a browser based DOSBox emulation thousands of archived DOS/PC games[26][27][28][29] for "scholarship and research purposes only".[30]
Since around 2009 the International Center for the History of Electronic Games (ICHEG) has taken a five-pronged approach to video game preservation: original software and hardware, marketing materials and publications, production records, play capture, and finally the source code.[38] In December 2013 the ICHEG received a donation of several SSI video games, for instance Computer Bismarck, including the source code for preservation.[39][40] In 2014 a collection of BrÃderbund games[41] and a "virtually complete" Atari arcade machine source code and asset collection was added.[42][43]
In 2010 Computer History Museum began with the preservation of source code of important software, beginning with Apple's MacPaint 1.3.[44][45][46] In 2012 the APL programming language followed.[47] Adobe Systems, Inc. donated the Photoshop 1.0.1 source code to the collection in February 2013.[48][49] The source code is made available to the public under an own non-commercial license. On March 25, 2014, Microsoft followed with the donation of MS-DOS variants as well as Word for Windows 1.1a under their own license.[50][51] On October 21, 2014, Xerox Alto's source code and other resources followed.[52]
In 2012 a group of European museums and organizations started the European Federation of Game Archives, Museums and Preservation Projects (EFGAMP) to join forces to "Preserve Gaming Legacy".[53][54] Also in Japan video game software archival happens since several years.[55]
With the new possibility of digital distribution arising in mid-2000, the commercial distribution for many old titles became feasible again as deployment and storage costs dropped significantly.[73] A digital distributor specialized in bringing old games out of abandonware is GOG.com (formerly called Good Old Games) who started in 2008 to search for copyright holders of classic games to release them legally and DRM-free again.[74][75] For instance, on December 9, 2013 the real-time strategy video game Conquest: Frontier Wars was, after ten years of non-availability, re-released by gog.com, also including the source code.[76][77]
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.[78] 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.[12] 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.
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.[83]
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 Mattel Intellivision 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."
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