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Topic: the ethics of abandonware

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All Forums : [Adventure Games Forum] : The Hot Spot > the ethics of abandonware
29 JUL 2004 at 5:39am

mr_willi

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I'm really new to this whole concept of abandonware (and, don't worry, I'm not going to post any links to web sites that spread this stuff). There are some great adventure games from the heyday of adventure gaming, when it seemed every other PC game coming out was of the genre. Now you can't find them anywhere, except maybe on e-bay where some guy wants $500 for his copy of 3 Skulls of the Toltecs, like he was selling a Mickey Mantle rookie card or something.

The only other way to get this stuff, it seems, is to download for free of the web. I recently downloaded a trio of adventure games I think will keep me busy for a while. None you can find on store shelves today.

One part of me feels like it was a mistake. Another says no big deal, the companies that made these games are out of business or simply don't want to sell them anymore. And its a way of finding game I like to play, because lets face it, they don't make many adventure games nowadays.

I guess my rule is if you can't buy it anywhere, don't sweat it. But if its still on store shelves, leave it alone. Anyone else have any views on this?

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29 JUL 2004 at 8:23am

Nomad

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Hm. I always thought the way we deal with it is to use it, but never to talk about it

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29 JUL 2004 at 1:16pm

Jeroen Stout

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Abandonware is free to download legally. WAREZ is software with still rights by the previous owner, which you can't download.
No fear with abandonware


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29 JUL 2004 at 3:15pm

Nomad

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Come on, don't fool people. "Abandoned" doesn't mean the rights were given up by the owner, as the case with an abandoned... dog?
It's more like an abandoned house - not used any more, but still owned by someone. And that's not a point to be discussed.
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29 JUL 2004 at 4:52pm

MichalN

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Originally Posted By Nomad (29 JUL 2004 3:14pm)
Come on, don't fool people. "Abandoned" doesn't mean the rights were given up by the owner, as the case with an abandoned... dog?
It's more like an abandoned house - not used any more, but still owned by someone. And that's not a point to be discussed.

Sure is. In most cases, that "someone" moved away and died years ago, leaving no heirs. If you think that isn't the case, certainly you should be able to find the owners, right?

Apart from that, although the law is different in different countries, it is possible to lose ownership through neglect. If person A abandons a house and person B moves in, after certain period of time B becomes the rightful owner (if A shows no interest in the property). I'm sure someone with education in law can explain this better...
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29 JUL 2004 at 5:01pm

Nomad

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Erm, you got a point there. Something I completely forgot about, namely liquidated companies without legal heirs. Whom do the rights fall onto in that case? I don't know.

Sorry for sounding so confident up there. My mistake.
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29 JUL 2004 at 6:01pm

lakerz

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"Abandonware" is a grey area.  Each person must look from within to decide where their ethics lie.  blah blah blah...

I think it's good to have a repository of old classics that are available to the public to keep their memory alive.  I don't think it's good that sites are putting up games to d/l that aren't very old at all.  Not to mention cd-rip format.  Yuck, that's like watching a movie with no sound, just subtitles so one can read the dialogue.  Anyone who plays a cd-rip is cheating themselves.  
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29 JUL 2004 at 8:43pm

Thananda

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Hey, do you think, Sierra's games will now turn into abandonware?
There is no Sierra anymore, and you can't buy their games anywere...   :'(
Maybe, soon we will be able to download them

Do go on! I always yawn, when I'm fascinated!

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29 JUL 2004 at 10:34pm

Elfstone

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What does it mean "if you can still buy it"?
In stores, right?
I think you meant that.
Because to me it doesn't make any difference if a game is not in stores or if it is available via Ebay or a different auction system.
I give my money to someone and not to the company. In fact, I could say the other are ripping me off (if abandonware was legally established which it is not, let's not forget that).

Personally, I'm not a collector. I don't hold any game more valuable than any other. It's all the same to me.
I guess serious collectors are less likely to make use of abandonware. They want everything that's half-way decent (or even not) with the original wrapping.

Watch out what is called abandonware. Not everything out there is legit. I mean, abandonware is nether legit in the technical sense, but there is material that's definitely not in any way abandonware cause it is still sold for full price.
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30 JUL 2004 at 12:31am

jujigatame

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If a game is no longer available for purchase by the publisher, I feel no moral qualms about downloading it.  If they don't want my money, so be it.

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30 JUL 2004 at 4:01am

mr_willi

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Originally Posted By jujigatame (30 JUL 2004 12:31am)
If a game is no longer available for purchase by the publisher, I feel no moral qualms about downloading it.  If they don't want my money, so be it.


That's my feelings exactly.

The lure, at least for an adventure gamer like me, is most good games in the genre are no longer published. For example, today's review, Shadow of the Comet, is published by Infrogrames, which was absorbed by Atari a while back. Atari no longer sells copies of the game. (Don't know where the reviewer got his.)

Of course, when I read "Shadow of the Comet is an excellent game and is a must-have for every serious adventurer," I wanna have it.  And guess what happens when I do a google search? (There was only one listing on Ebay -- some guy in London selling a copy for $6).

Yeah, maybe this is a thing left best unsaid, like someone else suggested. Still, I think adventure gamers are left between a rock and a hard place when looking for good games.

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30 JUL 2004 at 4:23pm

InlandAZ

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Yeah, maybe this is a thing left best unsaid, like someone else suggested. Still, I think adventure gamers are left between a rock and a hard place when looking for good games.

It's not just Adventure gamers - look at all the old console games (Coleco, Atari, NES, SNES, NeoGeo etc...) - that  are no longer produced or sold. The sites that distribute them are routinely shut down.


What?


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30 JUL 2004 at 9:14pm

lakerz

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Originally Posted By jujigatame (30 JUL 2004 12:31am)
If a game is no longer available for purchase by the publisher, I feel no moral qualms about downloading it.  If they don't want my money, so be it.



The only problem with this is, why didn't you buy it when it was available?  Why does a game company have to make every title they develop available for sale for all of eternity?  That doesn't make sense to me.  
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30 JUL 2004 at 9:31pm

Thananda

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lakerz,
And why spend money on something, you can , legally, get for free?
Personaly, I have no problems with cd- rips. The quality might be worse, but other than thet, it's fine

Do go on! I always yawn, when I'm fascinated!

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30 JUL 2004 at 11:33pm

jujigatame

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The only problem with this is, why didn't you buy it when it was available?  Why does a game company have to make every title they develop available for sale for all of eternity?  That doesn't make sense to me.


They don't have to sell it forever.  That's unreasonable.  What's also unreasonable is deciding its unprofitable to make a game available for sale but then deciding to attack websites making it available free of charge.

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31 JUL 2004 at 12:26am

mr_willi

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Originally Posted By lakerz (30 JUL 2004 9:13pm)



The only problem with this is, why didn't you buy it when it was available?  Why does a game company have to make every title they develop available for sale for all of eternity?  That doesn't make sense to me.  


Because I was quite a bit younger when these games came out. And without a computer. I would've like to amassed my collection in 1992, but  I think I was spending all my money on oxy pads.

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31 JUL 2004 at 8:24am
Deleted UserFirst of all I must say that I also sometimes download abandonware for PC and also video game ROM's for old consoles because it doesn't really interest me what the law says (am I an anarchist or criminal? I don't think so!) but lets face it - it is ILLEGAL the copyright holder has the copyright automatically for 76 years if he wants or not, but he can put an old game or movie into the public domain if he wishes but usually companies don't bother to do that because there might be a change to make big bucks with that old stuff one day. There might be some way for companies to uphold their rights in some countries for more then 70 years actually... Paramount was sued for using the Moriarty character from Sherlock Holmes and had to pay quite a lot.  And don't worry when a company gets shut down there will be another company who buys the right for their stuff.

31 JUL 2004 at 9:47am

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Always funny that the same old arguments are presented in forums across the world about this subject


There is no such thing as Abandonware. It was made up to cover a while bunch of scenarios when something is vaguely considered unavailable. It has no legal standing.

However, the practise goes on and why shouldn't it?

I'd have thought publishers/developers would be keen to see themselves in good light with regards to old titles. Why don't they release them as Freeware - just like Revolution [and others] have done. This is an excellent solution! However, this only works if the people concerned still exist and all agree that it's a positive step!

I do download the occasional title however my preference is to own a boxed copy. Not in a collector way but 'cause I like the physical nature of purchasing something - note that I would *never* buy a commercial download-only title. Online auctions are the best place to pick up old titles but some go for silly money - and they're never usually *that* good. Personally, I don't see games software collections being the next antique but hey my great great grandchildren may argue otherwise


For people who just want to play the game, Abandonware is the chance that they would not have had otherwise.
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1 AUG 2004 at 1:55pm

Garion

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Originally Posted By Nomad (29 JUL 2004 5:01pm)
Erm, you got a point there. Something I completely forgot about, namely liquidated companies without legal heirs. Whom do the rights fall onto in that case? I don't know.


Most likely the company went bankrupt so the rights belong to the former company's bank.

I assume banks are major copyright holders of games.

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1 AUG 2004 at 2:08pm

Anne

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No wonder I can never get through to my bank manager.


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1 AUG 2004 at 4:00pm

Thananda

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Originally Posted By Garion (1 AUG 2004 1:55pm)




I assume banks are major copyright holders of games.

Garion


In that case, bring on the abandonware!
I'll be more than happy to rip off my bank, just as it rips me off all the time!  


Do go on! I always yawn, when I'm fascinated!

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1 AUG 2004 at 4:40pm

Elfstone

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Originally Posted By mr_willi (31 JUL 2004 12:26am)


Because I was quite a bit younger when these games came out. And without a computer. I would've like to amassed my collection in 1992, but  I think I was spending all my money on oxy pads.

I may not even been born already...  

I think that's the biggest point here, lakerz. Some of us never had a chance to get some games.

@Ogre
I'm shocked? You are a criminal yourself?
Wasn't it you who told me that abandonware is a thing from hell? Or did you just like to have an argument?  

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4 AUG 2004 at 7:54am
Deleted UserWell we all do something illegal once in a while if every little crime would be punished only some nuns wouldn't be in jail I presume.
Besides that laws are different in every country so its not really a matter of right or wrong it all lies within the eye of the beholder. Or worse in the hands of the rulers of a society. Hmm I guess many of us have a small anarchist in oneself sometimes.
Besides that I never said I don't download "illegal" stuff I just said that it is illegal... (not to worry I've collected presumable over a 1000 originals during the last 20 years so I make sure the companies get their share from me).

4 AUG 2004 at 11:33am

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Abondonware is free and legal as long as the companies don't take actions  


Games like GK1 used to be abandonware, until Sierra took action. When I see a game at home of the underdogs I download it.  


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4 AUG 2004 at 11:39am
Deleted Useryou are wrong... when police officers or attorneys get to know about that they have the duty to take actions as well even if the company involved doesn't give a damn.

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