The Abandonware Debate

As the name might imply, abandonware is software, typically gaming, that was once sold and supported, but has since been “abandoned” by its creator. Though the programs have not been released into the public domain, they are distributed on websites. The legality of this practice is dubious, but many continue to trade the software.

Some companies, such as Electronic Arts, have recently reasserted their copyrights on the software, forcing abandonware websites to remove download links or face legal consequences. Others have taken up the practice of releasing old titles as freeware to support new games; with Bethesda Softworks planning the release of Elder Scrolls: Oblivion, the first in the series, Arena, was recently made available for download on Bethesda�¯�¿�½s website.

Most game companies have simply let their oldest programs become abandonware fodder, neither condoning their distribution nor taking any action to stop the practice, such as producing more copies of contested titles. And for fans of older computer games, this has created an opportunity to acquire programs hard to find in game stores or even on websites like Ebay.

The arguments against abandonware are grounded in current copyright law: The game companies have not given away rights to the software, and they have not yet become public domain. It’s as obviously illegal as trading music through P2P networks.

But proponents of abandonware take a more interpretive view on the matter. No, the companies have not released the rights to the programs, but the copyright laws that are applied to software could never have anticipated the pace at which computer technology is progressing. The companies are neither selling nor supporting the titles, either, and where illegally distributed music is readily available in stores, abandonware programs can be nearly impossible to find elsewhere.

If the legal community got a headache from dealing with illegal music distribution, should abandonware becomes a more prominent debate, it will grow to a migraine. The issue of music and movie transfers on peer to peer networks is much more clear-cut than the abandonware discussion, proponents of which have stronger arguments than those who support Kazaa and Grokster.

On the surface, the abandonware debate may seem irrelevant to most computer users. Who cares about a bunch of people who want to play outdated games?

The results of any legal decisions that result from abandonware may carry considerable implications for software companies and the computer- and Internet-using world – Should software reflect the rapid development of technology and become public domain more quickly than other media? And if so, when? Does a company’s (lack of) production of a certain piece of software influence the program’s time before it is released into public domain?

It seems unlikely that the debate over abandonware will reach the level of that over peer to peer networking, as the topic of the former concerns only a fraction of people affected by the P2P issue. But while under the radar of the media and pop culture, the abandonware debate is of significant importance to software users and companies.