1
00:00:00,100 --> 00:00:03,700
From opponents, those who oppose
these practices argue that 

2
00:00:03,700 --> 00:00:06,800
distribution denies the 
copyright holder potential sales

3
00:00:06,900 --> 00:00:10,000
in the form of release titles 
official emulation. 

4
00:00:10,000 --> 00:00:13,900
And so on, likewise they argue 
that if people can acquire an 

5
00:00:13,900 --> 00:00:17,100
old version of a program for 
free, they may be less likely to

6
00:00:17,100 --> 00:00:20,200
purchase a newer version of the 
old version meets their needs 

7
00:00:20,600 --> 00:00:24,100
from game developers, with 
sympathy with abandon where some

8
00:00:24,100 --> 00:00:26,600
game developers. 
Showed sympathy for abandonware.

9
00:00:26,600 --> 00:00:29,600
Websites has they preserve their
classical game titles? 

10
00:00:30,100 --> 00:00:32,100
In this quote, Richard Garriott 
States. 

11
00:00:32,100 --> 00:00:35,500
Personally, I think that sites 
that support these old games are

12
00:00:35,500 --> 00:00:38,200
good thing for both, consumers 
and copyright owners. 

13
00:00:38,700 --> 00:00:42,700
If the options are a having a 
game be lost forever and be 

14
00:00:42,800 --> 00:00:45,600
having it available on one of 
these sites, I'd want it to be 

15
00:00:45,600 --> 00:00:48,300
available. 
That being said, I believe a 

16
00:00:48,308 --> 00:00:51,800
game is abandoned only long 
after it is out of print and 

17
00:00:51,800 --> 00:00:54,200
just because a book is out of 
print, does not give me rights 

18
00:00:54,200 --> 00:00:57,900
to print some, for my friends in
this, quote, Tim Schafer States 

19
00:00:57,900 --> 00:01:02,700
is a piracy, yeah. 
Sure but so what most of the 

20
00:01:02,700 --> 00:01:05,600
game makers aren't living off 
the revenue from those old games

21
00:01:05,600 --> 00:01:09,200
anymore most of the creative 
teams behind all those games 

22
00:01:09,200 --> 00:01:11,800
have long since left the 
companies that publish them. 

23
00:01:12,000 --> 00:01:14,500
So there's no way the people who
deserve to are still making 

24
00:01:14,500 --> 00:01:18,300
royalties off them. 
So go ahead, steal this game, 

25
00:01:18,800 --> 00:01:22,100
spread the love in this quote, 
Chris Taylor States. 

26
00:01:22,200 --> 00:01:25,600
If I own the copyright on total 
Annihilation, I would probably 

27
00:01:25,600 --> 00:01:28,900
allow it to be shared for free 
by now four years after it was 

28
00:01:28,900 --> 00:01:32,500
originally released. 
Flaw in most cases software 

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00:01:32,500 --> 00:01:35,700
classed as abandon, where's not 
in the public domain, as it is 

30
00:01:35,700 --> 00:01:38,600
never had its original 
copyright, officially revoked in

31
00:01:38,600 --> 00:01:41,400
some company, or individual may 
still own rights. 

32
00:01:41,900 --> 00:01:44,900
While sharing of such software 
is usually considered copyright 

33
00:01:44,900 --> 00:01:47,800
infringement, in practice 
copyright holders, rarely 

34
00:01:47,800 --> 00:01:50,300
enforced, their abandonware 
copyrights for a number of 

35
00:01:50,300 --> 00:01:53,700
reasons, chiefly among which the
software is technologically 

36
00:01:53,700 --> 00:01:56,200
obsolete in, therefore has no 
commercial value. 

37
00:01:56,300 --> 00:01:58,800
Therefore rendering copyright 
enforcement a pointless 

38
00:01:58,800 --> 00:02:02,900
Enterprise By default, this may 
allow the product to de facto 

39
00:02:02,900 --> 00:02:06,000
lapse into the public domain to 
such an extent that enforcement 

40
00:02:06,000 --> 00:02:09,800
becomes impractical, rarely has 
any abandonware case gone to 

41
00:02:09,800 --> 00:02:13,200
court, but it is still unlawful 
to distribute copies of old 

42
00:02:13,200 --> 00:02:16,700
copyrighted software and games 
with or without compensation. 

43
00:02:16,800 --> 00:02:20,500
In any Berne convention, 
signatory country enforcement of

44
00:02:20,500 --> 00:02:23,500
copyright. 
All copyrights are usually left 

45
00:02:23,500 --> 00:02:27,200
undefended, this can be due to 
intentional non-enforcement by 

46
00:02:27,200 --> 00:02:29,700
owners due to software age or 
obsolescence. 

47
00:02:29,900 --> 00:02:32,900
But sometimes results from a 
corporate copyright holder going

48
00:02:32,900 --> 00:02:35,100
out of business without 
explicitly transferring 

49
00:02:35,100 --> 00:02:37,400
ownership leaving. 
No one aware of the right to 

50
00:02:37,408 --> 00:02:41,300
defend the copyright even if the
copyright is not defended 

51
00:02:41,300 --> 00:02:44,000
copying of such software. 
Still unlawful in most 

52
00:02:44,000 --> 00:02:47,700
jurisdictions when a copyright 
is still in effect abandonware 

53
00:02:47,700 --> 00:02:50,700
changes hands on the assumption 
that the resources required, to 

54
00:02:50,700 --> 00:02:52,700
enforce copyrights outweigh 
benefits. 

55
00:02:52,700 --> 00:02:56,200
A copyright holder might realize
from selling software licenses, 

56
00:02:56,700 --> 00:02:59,400
additionally abandonware, 
proponents argue that. 

57
00:03:00,000 --> 00:03:02,100
Software for which there is no 
one to defend. 

58
00:03:02,100 --> 00:03:04,000
The copyright is morally 
acceptable. 

59
00:03:04,100 --> 00:03:07,400
Even where unsupported by 
current law companies that have 

60
00:03:07,400 --> 00:03:10,000
gone out of business without 
transferring their copyrights 

61
00:03:10,000 --> 00:03:13,400
are an example of this many 
hardware and software companies 

62
00:03:13,400 --> 00:03:15,200
that develop older systems are 
long. 

63
00:03:15,200 --> 00:03:17,900
Since out of business and 
precise, documentation of the 

64
00:03:17,900 --> 00:03:21,800
copyrights, may not be readily 
available often the availability

65
00:03:21,800 --> 00:03:24,700
of abandonware in the internet 
is related to the willingness of

66
00:03:24,700 --> 00:03:27,200
copyright holders, to defend 
their copyrights. 

67
00:03:27,700 --> 00:03:31,300
For example, unencumbered games 
for ColecoVision are markedly 

68
00:03:31,300 --> 00:03:34,100
easier to find on the internet 
than unencumbered games from 

69
00:03:34,100 --> 00:03:37,200
Italian television in large part
because there is still a company

70
00:03:37,200 --> 00:03:40,400
that sells in television games. 
While no such company exists for

71
00:03:40,400 --> 00:03:45,000
the ColecoVision dmca. 
The Digital Millennium Copyright

72
00:03:45,000 --> 00:03:48,600
Act dmca can be a problem for 
the preservation of old 

73
00:03:48,600 --> 00:03:51,100
softwares. 
It prohibits required techniques

74
00:03:51,600 --> 00:03:56,200
in October 2003, the US Congress
pass for Clauses to the dmca 

75
00:03:56,200 --> 00:03:59,100
which allow for reverse 
engineering software, in case of

76
00:03:59,100 --> 00:04:03,300
preservation, Three computer 
programs in video games 

77
00:04:03,300 --> 00:04:06,800
distributed in formats that have
become obsolete in which require

78
00:04:06,800 --> 00:04:09,900
the original Media, or Hardware 
is a condition of access. 

79
00:04:10,100 --> 00:04:13,200
The register has concluded that 
to the extent that libraries and

80
00:04:13,200 --> 00:04:16,100
archives wish to make 
preservation copies of published

81
00:04:16,100 --> 00:04:19,300
software and video games that 
were distributed in formats that

82
00:04:19,300 --> 00:04:22,000
are either because the physical 
medium on which they were 

83
00:04:22,000 --> 00:04:24,700
distributed is no longer in use 
or because the use of an 

84
00:04:24,700 --> 00:04:27,100
obsolete, operating system is 
required. 

85
00:04:27,200 --> 00:04:29,700
Such activity, is a 
non-infringing use covered by. 

86
00:04:29,900 --> 00:04:34,400
Section 18c of the Copyright Act
exemption to Prohibition on 

87
00:04:34,400 --> 00:04:37,500
circumvention of copyright 
protection systems for Access 

88
00:04:37,500 --> 00:04:40,900
Control Technologies in November
2006. 

89
00:04:40,900 --> 00:04:42,400
The Library of Congress 
approved. 

90
00:04:42,400 --> 00:04:45,500
An exemption to the dmca that 
permits the cracking of copy 

91
00:04:45,500 --> 00:04:48,500
protection on software, no 
longer being sold or supported 

92
00:04:48,500 --> 00:04:51,400
by its copyright holder so that 
they can be archived and 

93
00:04:51,400 --> 00:04:55,300
preserved, without fear of 
Retribution u.s. copyright law. 

94
00:04:55,700 --> 00:04:59,300
Currently u.s. copyright law 
does not recognize the term or 

95
00:04:59,300 --> 00:05:00,700
concept. 
Abandonware. 

96
00:05:00,700 --> 00:05:03,700
While the general concept orphan
works is recognized. 

97
00:05:03,700 --> 00:05:05,900
See orphan works in the United 
States. 

98
00:05:06,300 --> 00:05:08,500
There is a long help concept of 
Abandonment. 

99
00:05:08,500 --> 00:05:11,500
In trademark laws, a direct 
result of the infinite term of 

100
00:05:11,500 --> 00:05:14,900
trademark protection. 
Currently a copyright can be 

101
00:05:14,900 --> 00:05:17,800
released into the public domain 
of the owner clearly does. 

102
00:05:17,800 --> 00:05:21,200
So, in writing, however, this 
formal process is not considered

103
00:05:21,200 --> 00:05:24,600
abandoning, but rather releasing
those who do not own a 

104
00:05:24,600 --> 00:05:27,500
copyright, cannot merely claim 
the copyright abandoned and 

105
00:05:27,500 --> 00:05:29,700
start using protected Works 
without permission. 

106
00:05:29,900 --> 00:05:32,800
Of the copyright holder. 
Who could then seek legal remedy

107
00:05:33,300 --> 00:05:35,600
hosting and distributing 
copyrighted software. 

108
00:05:35,600 --> 00:05:38,700
Without permission is a legal 
copyright holders. 

109
00:05:38,900 --> 00:05:40,900
Sometimes through the 
entertainment software 

110
00:05:40,900 --> 00:05:44,500
Association, sent cease and 
desist letters and some sites 

111
00:05:44,500 --> 00:05:47,700
have shut down or removed, 
infringing software's, a result.

112
00:05:48,200 --> 00:05:50,700
However, most of the 
association's efforts are 

113
00:05:50,700 --> 00:05:53,100
devoted to new games due to 
those titles. 

114
00:05:53,100 --> 00:05:58,400
Possessing the greatest value EU
law in the EU in 2012 and orphan

115
00:05:58,400 --> 00:06:03,000
Works, directive. 2012 28, EU 
was constituted a tan is 

116
00:06:03,000 --> 00:06:06,600
transferred into the members 
laws, while the terminology has 

117
00:06:06,600 --> 00:06:10,300
ambiguities regarding software 
and specially, videogames some 

118
00:06:10,300 --> 00:06:13,300
Scholars argue that abandonware 
software video games. 

119
00:06:13,300 --> 00:06:15,800
Fall under the definition of 
audio-visual Works. 

120
00:06:15,800 --> 00:06:18,600
Mention their copyright 
expiration. 

121
00:06:19,100 --> 00:06:22,300
Once the copyright on a piece of
software has expired, it 

122
00:06:22,300 --> 00:06:26,100
automatically falls into public 
domain, such software can be 

123
00:06:26,100 --> 00:06:28,400
legally distributed without 
restrictions. 

124
00:06:28,800 --> 00:06:31,800
However, due to To the length of
copyright terms in most 

125
00:06:31,800 --> 00:06:34,600
countries, this is yet to happen
for most software. 

126
00:06:35,100 --> 00:06:37,600
All countries that observe the 
Berne convention in force 

127
00:06:37,600 --> 00:06:41,100
copyright ownership for at least
50 years after publication or 

128
00:06:41,100 --> 00:06:44,200
the author's death. 
However, individual countries 

129
00:06:44,200 --> 00:06:48,200
may choose to enforce copyrights
for longer periods in the United

130
00:06:48,200 --> 00:06:50,100
States. 
Copyright durations are 

131
00:06:50,100 --> 00:06:53,600
determined based on authorship 
for most published works. 

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00:06:53,800 --> 00:06:56,400
The duration is 70 years after 
the author's death. 

133
00:06:56,900 --> 00:07:00,000
However, for anonymous works 
works published under oh a 

134
00:07:00,000 --> 00:07:01,800
pseudonym or Works Made For 
Hire. 

135
00:07:01,800 --> 00:07:06,100
The duration is 120 years after 
creation or 95 years after 

136
00:07:06,100 --> 00:07:09,500
publication. 
Whichever comes first in France.

137
00:07:09,700 --> 00:07:13,300
Copyright durations are 70 years
after the relevant date date of 

138
00:07:13,300 --> 00:07:15,900
author's death or publication 
for other class. 

139
00:07:16,400 --> 00:07:19,500
However, because of the length 
of copyright enforcement in most

140
00:07:19,500 --> 00:07:22,700
countries, it is likely that by 
the time, a piece of software 

141
00:07:22,700 --> 00:07:26,200
defaults to public domain, it 
will have long become obsolete, 

142
00:07:26,200 --> 00:07:29,400
irrelevant or incompatible with 
any existing Hardware. 

143
00:07:29,900 --> 00:07:33,100
Additionally, due to the 
relatively short commercial, as 

144
00:07:33,100 --> 00:07:36,500
well as physical life, spans of 
most digital media, it is 

145
00:07:36,500 --> 00:07:39,600
entirely possible that by the 
time, the copyright expires for 

146
00:07:39,600 --> 00:07:43,000
a piece of software, it will no 
longer exist in any form. 

147
00:07:43,500 --> 00:07:46,700
However, since the largest risk 
in dealing with abandon where is

148
00:07:46,700 --> 00:07:49,500
that of distribution? 
This may be mitigated somewhat 

149
00:07:49,500 --> 00:07:52,300
by private users or 
organizations such as the 

150
00:07:52,300 --> 00:07:55,000
internet archive. 
Making private copies of such 

151
00:07:55,000 --> 00:07:58,100
software which would then be 
legally redistributable at the 

152
00:07:58,100 --> 00:08:01,500
time of copyright, expiry 
Alternatives to software. 

153
00:08:01,500 --> 00:08:04,500
Abandoning there are 
alternatives for companies with 

154
00:08:04,500 --> 00:08:06,900
a software product, which faces 
the end of life. 

155
00:08:06,900 --> 00:08:09,600
Instead of abandoning the 
software in an unsupported 

156
00:08:09,600 --> 00:08:13,800
State, availability is freeware 
some user communities. 

157
00:08:13,800 --> 00:08:16,700
Convince companies to 
voluntarily relinquish copyright

158
00:08:16,700 --> 00:08:18,800
on software. 
Putting it into the public 

159
00:08:18,800 --> 00:08:23,100
domain, or relicense it as free 
software freeware unlike 

160
00:08:23,100 --> 00:08:26,200
so-called abandon where it is 
perfectly legal to transfer 

161
00:08:26,200 --> 00:08:30,800
public domain or freely licensed
software am Is an example which 

162
00:08:30,800 --> 00:08:34,400
supports emulation and free 
distribution of CPC and ZX 

163
00:08:34,400 --> 00:08:36,500
Spectrum, Hardware runs and 
software. 

164
00:08:36,900 --> 00:08:40,500
Borland released antique 
software is free where Smith 

165
00:08:40,500 --> 00:08:43,200
engineering permits, 
not-for-profit reproduction and 

166
00:08:43,200 --> 00:08:47,000
distribution of vector X Games 
and documentation groups that 

167
00:08:47,000 --> 00:08:50,000
Lobby companies to release their
software as freeware have met 

168
00:08:50,000 --> 00:08:53,200
with mixed results. 
One example, is the library of 

169
00:08:53,200 --> 00:08:57,400
educational titles released by 
MEK MEK whistle Dubrow turbaned,

170
00:08:57,500 --> 00:08:59,600
which was then sold to The 
Learning Company. 

171
00:09:00,100 --> 00:09:03,600
When TLC was contacted about 
releasing classic neck titles as

172
00:09:03,600 --> 00:09:07,200
freeware the documentation 
proving that TLC held the rights

173
00:09:07,200 --> 00:09:09,300
to these titles could not be 
located. 

174
00:09:09,300 --> 00:09:11,900
And therefore, the rights for 
these titles are in limbo and 

175
00:09:11,900 --> 00:09:15,700
may never be legally released 
lost or unclear copyrights to 

176
00:09:15,700 --> 00:09:19,200
Vintage out-of-print software's,
not uncommon as rights to the no

177
00:09:19,200 --> 00:09:22,900
one lives forever series. 
Us traits support by source, 

178
00:09:22,900 --> 00:09:25,700
code release. 
The problem of missing technical

179
00:09:25,700 --> 00:09:28,400
support for a software. 
Can be most effectively solved 

180
00:09:28,400 --> 00:09:32,000
from the source code becomes. 
Available there for several 

181
00:09:32,000 --> 00:09:35,100
companies, decided to release 
the source code, specifically to

182
00:09:35,100 --> 00:09:37,400
allow the user communities to 
provide further. 

183
00:09:37,400 --> 00:09:41,000
Technical software support bug 
fixes, compatibility 

184
00:09:41,000 --> 00:09:44,400
adaptations, Etc. 
Themselves, for example, by 

185
00:09:44,400 --> 00:09:47,100
Community, patches or Source 
ports, to new Computing 

186
00:09:47,100 --> 00:09:50,500
platforms. 
For instance, in December 2015, 

187
00:09:50,500 --> 00:09:53,700
Microsoft released the Windows 
Live writer source code to allow

188
00:09:53,700 --> 00:09:55,700
the community to continue the 
support. 

189
00:09:56,100 --> 00:09:59,100
Its software and 3D Realms are 
early proponents in this 

190
00:09:59,100 --> 00:10:01,100
practice. 
He's releasing the source code 

191
00:10:01,100 --> 00:10:03,500
for the game engines of some 
older titles under a free 

192
00:10:03,500 --> 00:10:07,400
software license but not the 
actual game content such as 

193
00:10:07,400 --> 00:10:11,100
levels or textures. 
Also Falcon 4.0 as lead 

194
00:10:11,100 --> 00:10:12,300
designer. 
Kevin klimek. 

195
00:10:12,300 --> 00:10:15,500
Argued in 2011 that availability
of the source code of is 

196
00:10:15,500 --> 00:10:17,600
software for the community was a
good thing. 

197
00:10:18,400 --> 00:10:21,500
I honestly think this should be 
standard procedure for companies

198
00:10:21,500 --> 00:10:24,100
that decide not to continue to 
support a code base. 

199
00:10:24,800 --> 00:10:27,100
Kevin climatic interviewed by 
Bert alone. 

200
00:10:27,100 --> 00:10:32,500
Giorgio March 12 2011 Interview 
with Kevin Clinic, need software

201
00:10:32,500 --> 00:10:37,500
engineer for Falcon 4.0 clear to
engage archived from the 

202
00:10:37,500 --> 00:10:43,000
original on March 18. 2011 
retrieved August 31st, 2014. 

203
00:10:43,500 --> 00:10:46,400
The chilling effect of drawing a
possible lawsuit can discourage 

204
00:10:46,400 --> 00:10:50,200
release of source code efforts 
to persuade IBM to release. 

205
00:10:50,200 --> 00:10:53,600
Os/2 is open source, software 
were ignored since some of the 

206
00:10:53,600 --> 00:10:55,900
code was co-developed by 
Microsoft. 

207
00:10:56,300 --> 00:10:59,600
Nevertheless, several notable 
examples of successfully. 

208
00:10:59,700 --> 00:11:03,300
Open commercial software exists 
for instance, the web browser 

209
00:11:03,300 --> 00:11:06,300
Netscape Communicator, which was
released by Netscape 

210
00:11:06,300 --> 00:11:09,400
Communications on March 31st 
1998. 

211
00:11:09,900 --> 00:11:12,300
The development was continued 
Under the Umbrella of the 

212
00:11:12,300 --> 00:11:14,800
Mozilla foundation. 
And Netscape Communicator, 

213
00:11:14,800 --> 00:11:18,000
became the basis of several 
browsers such as Mozilla 

214
00:11:18,000 --> 00:11:20,800
Firefox. 
Another important example for 

215
00:11:20,800 --> 00:11:24,200
open-source General, software is
the office suite, star office, 

216
00:11:24,200 --> 00:11:27,700
which was released by Sun 
Microsystems in October 2000, is

217
00:11:27,700 --> 00:11:32,000
openoffice.org and is Continue 
development is LibreOffice and 

218
00:11:32,000 --> 00:11:33,300
Apache. 
OpenOffice. 

219
00:11:33,700 --> 00:11:37,400
There are also many examples in 
the videogame domain Revolution 

220
00:11:37,400 --> 00:11:40,700
software released their game. 
Be the steel Skies free wearing 

221
00:11:40,700 --> 00:11:44,000
gave the engine source code. 
To the authors of scummvm to add

222
00:11:44,000 --> 00:11:47,700
support for the game, other 
examples are myth to call the 

223
00:11:47,700 --> 00:11:50,400
power to and Microsoft's 
Allegiance, which were released 

224
00:11:50,400 --> 00:11:54,000
to allow the community to 
continue the support museums 

225
00:11:54,400 --> 00:11:58,000
museums whether physical or 
virtual provide a legal means 

226
00:11:58,000 --> 00:12:00,500
for preserving. 
What otherwise is an orphan work

227
00:12:00,900 --> 00:12:03,900
Wing world. 
When world is an online Museum 

228
00:12:03,900 --> 00:12:06,500
that contains information about 
it with computers and the 

229
00:12:06,500 --> 00:12:08,100
software that was used with 
them. 

230
00:12:08,600 --> 00:12:12,200
The website also has screenshots
and downloadable copies of old 

231
00:12:12,200 --> 00:12:16,200
software. 
Vintage computer, BCF vintage 

232
00:12:16,200 --> 00:12:19,300
computer Federation also 
promotes the preservation of 

233
00:12:19,300 --> 00:12:20,400
obsolete computers.