Abandonware is a term used to describe software, such as computer programs or video games, that are no longer sold through regular methods or supported by their creators. In many cases, this software was shared for free through websites like file-sharing sites. The term "abandonware" is disputed because sharing software that is no longer available for purchase is still seen as a type of software piracy. The copyright for these programs has not been officially given up. Some companies that created the software actively request that websites stop sharing abandonware and protect their rights, while others do not. Some video game historians argue that sharing abandonware helps preserve history because there are few other ways to access these programs.
Implications
When a software product is no longer supported and becomes abandonware, users may face several challenges. These include the inability to purchase new copies (except for used software) and the lack of technical support, such as updates to fix problems with newer computers or operating systems. These issues are made worse if the software is stored on physical media like floppy disks or optical discs, which can degrade over time, and if backups are not possible due to copy protection or copyright rules. If the software is only available in a digital format that requires special access (like DRM-locked files) or as a service provided through servers (SaaS), the software may be lost entirely if the servers are shut down. If there are no other similar software options, users may struggle to continue using the program.
Once software becomes abandonware, there is a strong possibility that the original source code—the instructions used to create the software—may be lost or impossible to recover, even by the developers who created it. This has happened in several cases. For example, when Atari closed its Sunnyvale, California office in 1996, the source code for classic video games like Asteroids and Centipede was discarded as waste, though some was later recovered. After the company Tapulous closed, the game Tap Tap Revenge became abandonware. In this case, the source code could not be retrieved because the app was protected by a system that limits access to its files, making preservation nearly impossible.
The unavailability of software and its source code can also create problems for researchers who study how software was developed and used in the past.
Response to abandonware
People have shared old software since the early days of personal computers, but this activity stayed quiet until the Internet became widely used. The term "abandonware" was first used by Peter Ringering in late 1996. He found websites with classic games similar to his own, talked to their creators, and started the Abandonware Ring in February 1997. This group was a simple list of websites linked to adventureclassicgaming.com. Another site helped users search for games. In October 1997, the Interactive Digital Software Association sent legal warnings to all sites in the Abandonware Ring, causing most to close. This led to new abandonware websites and groups forming, which eventually outnumbered the original Ring. Examples of these new sites include Abandonia, Bunny Abandonware, and Home of the Underdogs. Later, some websites legally obtained permission from developers and copyright holders to share abandoned software. For example, World of Spectrum received permission from developers and successfully resolved a legal case related to copyright.
Many websites now archive abandonware for download, including old software that is hard to find elsewhere. This software is often described as "no longer current but still of interest." However, the line between sharing abandonware and breaking copyright laws is unclear, and the term "abandonware" can sometimes be used to share software without the owner’s permission.
The Internet Archive created a collection of "vintage software" to preserve it. It asked for an exemption from the United States Digital Millennium Copyright Act to allow copying protected software, which was approved in 2003 for three years. This exemption was renewed in 2006 and extended indefinitely in 2009. The Archive does not let users download the software, as the exemption is only for preservation by libraries or archives. However, in 2013, the Archive began offering some antique games as playable browser-based emulations, such as the Atari 2600 game E.T. the Extra-Terrestrial. Since 2014, the Archive has also provided thousands of DOS/PC games for "scholarship and research purposes only" through browser-based emulation.
Starting around 2006, the Library of Congress began preserving video games by creating a list of important games. By September 2012, the collection had nearly 3,000 games from different platforms and about 1,500 strategy guides. For example, the source code of the unreleased PlayStation Portable game Duke Nukem: Critical Mass was discovered in 2014 to be preserved at the Library of Congress.
Since 2009, the International Center for the History of Electronic Games (ICHEG) has focused on preserving video games through five methods: original software and hardware, marketing materials, production records, gameplay recordings, and source code. In December 2013, ICHEG received a donation of several SSI video games, including Computer Bismarck, along with its source code. In 2014, a collection of Broderbund games and a nearly complete Atari arcade machine source code was added.
When software no longer has official support, users sometimes help by fixing bugs or adapting the software to work on new systems, even without the original source code or tools. Methods include debugging, reverse engineering file formats, and modifying software directly. These fixes are often shared as unofficial patches. Examples include Fallout 2, Vampire: The Masquerade – Bloodlines, and Windows 98. Windows XP also received unofficial support through a registry hack, and Windows 2000 had a fan-made extended kernel. For instance, in 2012, the game Supreme Commander: Forged Alliance became abandonware when official servers were shut down, but the community created its own multiplayer server and client.
In mid-2000, digital distribution became possible, making it easier to sell old games again as storage and delivery costs dropped. A digital distributor called GOG.com (formerly Good Old Games) started in 2008 to legally release classic games without digital rights management. For example, on December 9, 2013, the game Conquest: Frontier Wars was re-released by GOG.com after being unavailable for ten years, along with its source code.
Arguments for and against distribution
Supporters of abandonware preservation believe it is more ethical to copy old software that is no longer sold than to copy new software that is still being sold. Some people have wrongly believed that abandonware is legal to share, even though no software created since 1964 has had its copyright expire in the United States. Even when the original company that made the software no longer exists, the rights to the software often belong to another person or group. However, it can be difficult to determine who owns the rights, even for those who might actually be the owners.
Supporters of abandonware also often mention historical preservation as a reason for sharing old software. Older computer storage materials are easily broken and can quickly fall apart, requiring the software to be moved to more modern and stable storage formats. Making many copies of the software helps ensure that it does not disappear completely. People who still use older computer systems argue that abandonware is needed because companies that own the rights to the software are more likely to release updated versions for modern systems or for media that older systems cannot use, making it impossible to legally buy versions that work with older systems.
Some game developers have supported abandonware websites because these sites help keep their older games safe and available.
Law
Software labeled as abandonware is not usually in the public domain because its original copyright has never been officially canceled. A company or person may still own the rights to this software. Sharing such software is typically considered a violation of copyright laws. However, copyright holders often do not enforce these rights because the software is outdated and has no value for sale. This lack of enforcement can make it seem as though the software is in the public domain, even though it is not legally.
In most cases, abandonware cases have not gone to court. However, it is still illegal to share copies of old copyrighted software or games, even if no money is made from it, in countries that follow the Berne Convention.
Old copyrights are often not protected because the owners may choose not to enforce them, especially if the software is very old or no longer useful. Sometimes, a company that owned the copyright may have gone out of business without passing ownership to someone else, leaving no one to claim the rights.
Even if a copyright is not protected, copying the software is still illegal in most places if the copyright is still active. Abandonware is shared under the idea that enforcing copyrights is not worth the effort for the copyright holder. Some people believe it is morally okay to share software when no one is protecting the copyright, even though the law does not support this. Companies that no longer exist and did not transfer their copyrights are examples of this situation.
The availability of abandonware online often depends on whether copyright holders are willing to protect their rights. For example, games for Colecovision are easier to find online than games for Mattel Intellivision because a company still sells Intellivision games, but no company sells Colecovision games.
The Digital Millennium Copyright Act (DMCA) can make it harder to preserve old software because it bans certain methods. In 2003, the U.S. Congress added four rules to the DMCA that allow reverse engineering of software for preservation purposes. In 2006, the Library of Congress approved an exemption to the DMCA that lets people break copy protection on software that is no longer sold or supported, so it can be saved without legal problems.
U.S. copyright law does not officially recognize the term "abandonware," but it does recognize "orphan works." Trademark law has a concept of abandonment because trademarks last forever. A copyright can only become part of the public domain if the owner writes a clear statement releasing it. People who do not own a copyright cannot claim it is abandoned and use the work without permission.
Sharing copyrighted software without permission is illegal. Copyright holders, sometimes through groups like the Entertainment Software Association, send letters asking websites to stop sharing the software. Some websites have removed the software as a result. However, most efforts focus on new games because they are more valuable.
In 2012, the European Union created an "Orphan Works Directive" (Directive 2012/28/EU) to help manage works with unknown copyright holders. While the term "abandonware" is not clearly defined in the directive, some experts believe older video games may fall under the category of "audiovisual works" mentioned in the law.
Once a copyright expires, the software automatically becomes part of the public domain and can be shared freely. However, most software is still under copyright because copyright terms are long. Countries that follow the Berne Convention protect copyrights for at least 50 years after publication or the author's death. In the United States, copyrights for most published works last 70 years after the author's death. For anonymous works, works with pseudonyms, or works made for hire, the copyright lasts 120 years after creation or 95 years after publication, whichever comes first. In France, copyrights last 70 years after the author's death or the work's publication.
Because copyright terms are long, most software will likely become obsolete before its copyright expires. Digital media often has a short lifespan, so by the time a copyright ends, the software may no longer exist. However, private users or organizations like the Internet Archive can make copies of abandonware now, which may be legally shared later when the copyright ends.
Alternatives to software abandoning
Companies can choose options other than leaving software without support when it reaches the end of its life. Some user groups encourage companies to give up their rights to software, allowing it to be freely used by the public or released as free software. This is different from abandonware, which is not legally allowed to be shared.
Amstrad supports the use and sharing of old software for CPC and ZX Spectrum systems. Borland made some older programs available as free software. Smith Engineering allows non-profit sharing of Vectrex games and related materials.
Groups that ask companies to release software for free have had mixed results. For example, MECC created a collection of educational software, but after being sold to Broderbund and later to The Learning Company, it became unclear who owned the rights to these programs. This situation is not unusual for older software, as seen with the No One Lives Forever series.
When software no longer has technical support, making its source code available can help solve this problem. Some companies release source code so users can continue supporting the software themselves, such as by fixing errors or adapting it for new systems. In 2015, Microsoft shared the source code for Windows Live Writer to allow users to continue its development.
Companies like Id Software and 3D Realms have shared the source code for the engines of some older games under free software licenses, though not the game content itself, such as levels or graphics. Kevin Klemmick, the lead designer of Falcon 4.0, supported making source code available to the public.
Fear of legal action can stop companies from sharing source code. For example, IBM did not release OS/2 as open source because some of the code was developed with Microsoft.
Despite these challenges, some commercial software has successfully become open source. Netscape Communications released its web browser, Netscape Communicator, in 1998. It was later developed by the Mozilla Foundation and became the basis for browsers like Firefox.
Another example is StarOffice, an office suite released by Sun Microsystems in 2000 as OpenOffice.org. It continues to be developed as Collabora Online, LibreOffice, and Apache OpenOffice, with support available for businesses.
In video games, Revolution Software released Beneath a Steel Sky as free software and shared its engine’s source code with ScummVM to support the game. Other examples include Myth II, Call to Power II, and Microsoft’s Allegiance, which were released to let users continue supporting them.