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Is downloading this abandonware legal?
Anonymous3 views3 answers
"Abandonware" is not a recognized legal term and there is a problem with downloading this modified software, copyright infringement. Copyright protects a work (software in this case) for the life of the creator, plus 75 years in the USA and is never considered abandoned. Just like songs, books, poems, paintings, even if the artist is dead, went bankrupt, whatever, their work is protected against anyone making a copy (downloading). It carries a statutorial penalty that can be very expensive.
That being said, will Kunami sue you for this? Would a court consider your one download even worth accepting a case? (Many courts refuse to hear infringement cases when they consider it "de minimis", meaning so insignficant, trivial the court will not waste its time.)
"Abandonware" is not a recognized legal term and there is a problem with downloading this modified software, copyright infringement. Copyright protects a work (software in this case) for the life of the creator, plus 75 years in the USA and is never considered abandoned. Just like songs, books, poems, paintings, even if the artist is dead, went bankrupt, whatever, their work is protected against anyone making a copy (downloading). It carries a statutorial penalty that can be very expensive.
That being said, will Kunami sue you for this? Would a court consider your one download even worth accepting a case? (Many courts refuse to hear infringement cases when they consider it "de minimis", meaning so insignficant, trivial the court will not waste its time.)
General rules are very simple; it's much like the Golden Rule. If you find lost property and it winds up to have ownership somehow with someone else that is not going to wind up in your favor. You don't know the complexities of bankruptcy or whatever rights reside after the fact let alone what residual rights are in the intellectual property/ copyrights.
I don't think calling it "abandonware" gets around the fact that in the end it is just software piracy. it could be the case that the underlying IP has been orphaned and there is no longer anyone interested in enforcing against its use, but just know that this comes with some exposure for sure.
If you need clarification, I suggest that you consult with a lawyer in private and discuss your objectives in more detail. You can start by calling around to several for a free phone consultation, get some insights then pick the best fit to work with.
Best regards,
Frank
Natoli-Legal, LLC
