6 Mar
2009
6 Mar
'09
12:03 a.m.
Dan Gahlinger wrote:
you're wrong. there is true abandonware.
No, there is not. And I'm going to qualify this statement by dropping
the bomb that I created the modern form of Abandonware. I was not only
one of the original members of the first "ring", but I created the
public infrastructure that evolved into what you recognize as typical
abandonware today (ie. a public presence with decent websites, search
engines, and linked networks; had I not done this, the name
"Abandonware" and its concept would have died in the internal
underground network we had). I also hold the dubious honor of being the
first website that the then-named IDSA sent a cease-and-desist letter to
shut down. (Which I complied with.)
I never liked the term Abandonware because it's not a legal concept;
it's a dreamer's concept. I was always in favor of changing the name of
our ring to "oldwarez", because that was not only technically correct,
but had the right spirit (we were going to preserve history whether
companies liked it or not). Obviously, I never got the name changed.
if a company dies and no one picks up the parts, the
copyrights (owned by the company) lapse.
Copyrights are inherent, and inherited. When a company goes under,
their assets are picked up by the creditors, typically a bank. They are
always owned by someone...
...unless they are explicitly dismissed and given away, like in the case
of Polarware / Penguin Software. The owner of the company declared all
the old tools ("Graphics Magician") and games ("Transylvania", etc.)
public domain and offers them freely on his Penguin Software history
website. But that is not "abandonware" -- that is public domain. There
is no such thing (legally) as "abandonware".
you could say theres a provision of 25 years, but when
the entity ceases to exist, and no holders remain, this is not the case.
Copyright is 75 years, but that is not necessarily what protects things.
Intellectual Property Rights is what you should be learning about. Go
look it up.
I wrote an article about all of this for MobyGames; it's dated, but it's
here if you would like to read it:
http://www.mobygames.com/featured_article/feature,7/
(Yes, I consulted actual lawyers.)
BTW, I founded MobyGames too. MobyGames was my effort to get as close
to the historical appreciation aspect of what the abandonware movement
partially stood for, without offering illegal downloads.
--
Jim Leonard (trixter at oldskool.org) http://www.oldskool.org/
Help our electronic games project: http://www.mobygames.com/
Or check out some trippy MindCandy at http://www.mindcandydvd.com/
A child borne of the home computer wars: http://trixter.wordpress.com/