How Abandonware Functions

Do you ever wish to relive the thrill of playing virtual tennis with pixelated 8-bit graphics, journeying on the Oregon Trail, solving mysteries with Carmen Sandiego, or braving the dangers of an underground world inhabited by grues?

Video games made their way into arcades and homes in the 1970s and have remained an essential part of our culture ever since. While there are plenty of new games flooding the market, many of us still cherish the classics we enjoyed years or even decades ago. Those nostalgic feelings sometimes push us to revisit the games of our past. For collectors and nostalgic gamers, some may still hold on to their old games, but without the original hardware, those vintage game cartridges and floppy disks are practically useless in today's computers.

You might scour the internet for a downloadable version of a game to relive your glory days as the 'Pong' champion, even if the original company no longer offers it for sale. Numerous websites devoted to preserving and distributing these forgotten games have emerged, calling them abandonware.

Abandonware typically refers to any software that is several years old and no longer supported or distributed by its original creator. It’s often associated with out-of-print games or other software that someone has made available online for free. Much of what is considered abandonware was created for outdated gaming and computing systems that are no longer available or functional.

In many instances, however, it’s not technically legal. Most software is copyrighted intellectual property, whether the company is still selling it or not. A significant portion of abandonware operates under the radar, either due to lack of copyright enforcement or because the original owners are uninterested in pursuing action, though gaming companies and trade organizations have occasionally demanded its removal.

More and more companies are bringing back old titles for new platforms, sometimes offering them for free or for a fee, reviving what was once abandoned. Today, there are many ways to enjoy our childhood favorites again, but some may still be at risk of disappearing completely.

What Causes Software to be Abandoned

Software becomes abandoned for a variety of reasons. Typically, the life cycle of both hardware and software is only a few years. As older hardware and operating systems are replaced by newer, more powerful versions, and as new applications are developed to take advantage of improved technologies (such as faster processors, increased memory, and better graphics), older software gradually becomes outdated and is no longer used. Furthermore, after multiple system upgrades, much software becomes incompatible with newer computers and gaming consoles, particularly when companies fail to prioritize backward compatibility. To add to the issue, the physical media for both hardware and software eventually deteriorates, rendering them unusable.

Game studios and software companies are often vulnerable to going out of business or being acquired by others, which leads to the ownership of game titles frequently changing hands. Some companies might not even be aware they own a specific title, particularly if they weren’t the original creators and the game has been off the market for some time.

Another factor contributing to the abandonment of software is when a company determines that an older game is no longer worth the investment for marketing, distribution, or customer support, or when it isn’t feasible to update it for newer platforms. Even games that are highly anticipated can be scrapped before release in order to reduce costs for the studio.

A copyright holder might intentionally withdraw an older game from the market to promote the sales of a newer version or sequel (though sometimes older versions are re-released to generate interest in a sequel). In some cases, software may only be temporarily abandoned—taken out of print to return later or left aside for a while before being revived for a newer operating system or console.

The idea of an orphaned work is related, though not all abandoned software is considered orphaned. An orphaned work refers to a situation where the copyright holder is unknown or cannot be located. While some abandonware falls into this category, there are plenty of cases where we know who owns the rights, but they are no longer distributing or supporting the product.

Occasionally, software that was previously abandoned is voluntarily placed in the public domain or made freely accessible by its owner, effectively turning it into freeware rather than abandonware.

Legal Aspects of Abandonware

The video game industry is a multi-billion dollar sector, generating $22 billion in 2014 alone, according to the Entertainment Software Association (ESA) [source: ESA]. As software is digital, it is easily saved and shared online. Much like books, films, and music, software is protected by copyright laws. While pirating commercially available software is illegal and risky, the ethical and legal implications of abandonware are often more complex, despite the laws being relatively clear-cut.

In principle, any intellectual property that remains under copyright can only be legally reproduced or distributed by its owner, or by those granted permission through a license or other formal agreement. Elements of the software, such as its name or logo, may also be protected under trademark laws.

Copyright protection extends for a lengthy period, often exceeding the lifespan of the software itself. Following the Sonny Bono Copyright Term Extension Act of 1998, U.S. copyright for most works (created after Jan. 1, 1978) lasts for 70 years after the author's death, or in the case of works created by companies or as works-for-hire, for 95 years from publication or 120 years from creation, whichever comes first. Infringement can result in civil penalties ranging from $200 to $150,000 per work, or the actual financial damage suffered by the owner. Criminal charges can lead to up to five years in prison and fines up to $250,000, although more commonly, copyright holders issue cease-and-desist letters or smaller settlements [sources: BSA, Cornell, U.S. Copyright Office].

Although software applications may become outdated within just a few years, home computer software itself has only been around for a few decades, meaning most of it remains under copyright—unless the copyright holder has willingly placed it in the public domain. This means that most abandonware is still protected by copyright, and many software companies view downloading or using it as an infringement.

Both distributing and downloading copyrighted software without permission are considered infringements. This means that if you obtain software from any source other than an authorized distributor, the owner could potentially pursue legal action against you or the site from which you downloaded it. It’s even considered infringement if you download a game you’ve already purchased and still own in another format. However, in 2006, the Library of Congress amended the 1998 Digital Millennium Copyright Act to allow users to bypass copy protection on software for obsolete or unsupported computers, as well as games that required physical dongles that are no longer replaceable [sources: Beschizza, Boyes].

Software companies sometimes view older games as competitors to their current products [source: Costikyan]. Additionally, companies that fail to protect their intellectual property rights when they are aware of infringement risk losing some of those rights [sources: Francis, Moby Games]. Organizations like the ESA (formerly the Interactive Digital Software Association) and the Software and Information Industry Association (SIIA) work to combat piracy and protect the copyright of their members’ works. In 1997, as abandonware sites were emerging (and the term was first coined), these organizations sent cease-and-desist letters to several sites, causing most to shut down [sources: Granade, Huthwaite]. Nevertheless, new abandonware sites quickly appeared, and some of the original sites were revived.

Arguments Made in Favor of Abandonware

The age of abandonware and its unavailability through legitimate channels sets it apart from pirated games or 'warez,' which refers to newer titles that are made available illegally, even though they are still in circulation and sold legally.

Abandonware websites typically remove any software that faces legal disputes with companies, and some even go as far as providing links to the official sites where users can purchase the games that were removed. These sites often include disclaimers stating that downloads are only legal for those who already own a legitimate copy of the game. They generally follow rules like hosting only games that are several years old and no longer available through official channels (to the best of their knowledge), distancing themselves from illegal piracy sites. Some abandonware sites even operate outside the U.S., though U.S. copyright laws are enforceable in many other countries as well [sources: Moby Games, Smith].

Supporters of the free distribution and use of abandonware argue that copyright periods today are excessively long. Back in 1790, U.S. copyright law granted 14 years of protection, with a possible additional 14-year extension if the author renewed the copyright, after which the work would enter the public domain. Copyright terms have been extended several times since, now potentially lasting over 100 years—longer than the existence of video games themselves.

Some worry that if abandoned games don't fall into the public domain within a reasonable timeframe, and if only the copyright holder has the right to distribute or download them, many games will be lost to time. This is especially concerning given the rapid obsolescence of computer systems and software, as well as the inevitable decay of storage media. For instance, in 1996, Polarware (formerly Penguin Software), which developed adventure games in the '80s, relinquished the rights to all its software, but even the creator Mark Pelczarski lacked copies of some titles at that time [source: Moby Games]. While some popular older games, whose copyrights are held by existing companies, are now available on newer platforms, more obscure games—especially those from defunct companies—are at risk of vanishing forever.

Other reasons for making abandonware accessible include allowing for scholarly research and historical study, as well as providing material for game developers looking to hone their craft. Just as artists study the works of past masters, software development is a form of art, incorporating visual design, music, interactive storytelling, and computer science.

And naturally, sometimes people simply want to revisit their favorite games. The existence and widespread popularity of abandonware sites prove that there is a demand for older games. The success of certain abandonware titles has even influenced companies' decisions on which games to re-release. This was the case in 1999 when Hasbro launched a new version of the 1981 Konami classic 'Frogger' after noticing its continued popularity. The updated version was among the top 10 best-selling games that year [source: Costikyan].

Ways to Play Abandonware

Despite the murky legal issues, many websites still host abandonware for users to download and play. These sites typically enforce strict guidelines, focusing on games that aren't available through official channels.

By early 2015, The Official Abandonware Ring (one of the pioneering sites in the abandonware community) had compiled a list of over 70 websites that host abandonware. Some of these include Abandonia (now under the ownership of Abovo Media), the Classic Gaming Network, and Home of the Underdogs. The latter specializes in PC games that were overlooked in their prime, offering a mix of abandonware downloads and links to sites where users can still purchase some games legally.

Abandonware can also be found scattered across various websites and newsgroups on the Internet. However, like with any free software online, there's a risk of downloading malware along with the game.

Obtaining games from original media, especially when the hardware that played them was proprietary, requires programming expertise and sometimes specialized software or hardware. Some games are extracted from the read-only memory (ROM) of vintage 1970s and '80s game cartridges and then converted into binary format for digital distribution. These game files are commonly referred to as ROMs. Similarly, many older floppy-disk and DOS games are also called ROMs. Other games are extracted from CD-ROMs (which became popular in the 1990s), and these are often referred to as ISOs.

In order to play games available on most abandonware sites, you typically need not only the game software but also an emulator or other supplementary applications to run outdated software. You may also require a license key, which some abandonware sites provide. An emulator is a program that simulates the hardware of another system, allowing older software to run on modern computers that would otherwise be incompatible.

Emulators for various outdated consoles and computer systems, no longer in production, exist, including DOSBox, VDMSound, and Boxer for DOS games, MAME for arcade titles, Stella for Atari 2600, Snes9x for Super Nintendo, Kega Fusion for Sega Genesis, Vice for Commodore 64, and ScummVM for classic LucasArts games (created with the Scumm programming language), among others. There are even emulators for mobile platforms, though using them on an iPhone may require jailbreaking.

You can also find Flash-based recreations or games streamed through browser-based emulators on various websites. Nesbox, for example, is a web emulator that allows users to upload and play NES and Sega games directly in their browser.

There are even some more academic approaches to experiencing classic games. "Videotopia" is a curated collection of playable arcade and home games, hardware, and related elements designed to showcase the evolution of gaming and computer technology. This exhibit, organized by The Electronics Conservancy, travels to museums and science centers. However, this means only a select number of people will have the chance to experience these games in person.

Another initiative aims to reach a broader audience. The Internet Archive, a non-profit organization, collects and preserves cultural artifacts, offering them online as part of its expansive digital library. Among its many treasures, the Archive includes a vast collection of video games. As of now, it hosts thousands of games, such as hundreds of arcade classics and more than 2,600 MS-DOS titles, all playable directly online using their browser-based emulator, EM-DOSBOX.

Official Revival of Abandonware

In some cases, copyright holders choose to make their games available for free. Companies like Id Software, creators of the well-known "Doom" and "Quake" series, have released the source code of their classic games to the public. Other companies like Activision, Apogee, and Sierra have offered their older games as freeware. In 1997, Parallax Software released the source code for their game Descent. The website Remain in Play hosts many games that have been made available this way by their original owners.

These days, many companies are bringing back old favorites for smartphones and newer gaming consoles, though with a price tag. The 1993 game "Myst" was ported and re-released for smartphones and modern consoles in 2009. Xbox Live Arcade offers a variety of classic game downloads, and PlayStation Network features many older PlayStation titles.

Several other companies have also made mobile versions of their classic games. Activision released a compilation of their Atari 2600 titles, including games like "Pitfall," "River Raid," and "Kaboom," as well as an app called "Lost Adventures of Infocom" that allows users to purchase Infocom's text-based games. Atari has made many of their classic games available on smartphones and tablets, such as "Centipede," "Asteroids," "Missile Command," and "Yar's Revenge." Other companies, including Bandai Namco ("Pac-Man"), Capcom ("Street Fighter II" and "Ghosts 'n Goblins"), Midway ("Joust," "Defender," and "Rampage"), and Sega ("Sonic the Hedgehog"), have followed suit with mobile versions of their iconic games.

The current owner of Atari offers a chance to play updated versions of the company’s classic games for free at Atari.com/arcade. However, if you prefer to experience the original games with the authentic retro feel of an old-school controller, the Atari Flashback console is the perfect solution. It comes preloaded with Atari 2600 games, eliminating the need for cartridges.

GOG.com secures the rights to and sells downloadable versions of older PC and Mac games at affordable prices. Steam is also a reliable source for purchasing downloads of games that might seem like abandonware but are still officially available for sale on more modern platforms.

For a truly nostalgic experience, you can even purchase vintage computers, gaming consoles, and games through eBay or other online marketplaces, or dig them out from your own collection. Many of these old systems are still available, but over time, all old hardware and physical media will eventually fade into obscurity. When that happens, abandonware sites may be the last remaining avenue to revisit the games of our childhood.