Abandonware in the Land of Pirates

Demis Harper, James Cain, Keith Neer

What is abandonware?

• • • Abandonware is computer software which is no longer sold or supported by its publisher, but not officially discontinued The initial use of the term was for games that ran on console hardware in the late 1990s, but all types of software may fall into this category Software often remains under copyright and international law

• • • What abandonware is available for download?

ROMs-Read-Only Memory from a video game cartridge Transferred to a computer file using specialized hardware and dumping Played using an emulator – an application that emulates a game console MarioNES emulates the Nintendo Entertainment System in a window

Retrode Gold converts Super Nintendo and Sega Genesis games to backup copies on a computer

What abandonware is available for download?

• • • • Warez-Executable programs (.exe files) that have been “cracked” These include eBooks, computer games, cracks, movies, etc.

Warez can also use emulators Pronounced like “wares”, not “Juarez” Benito Juarez

DOSBox emulates the command-line interface of DOS

What determines the legality of downloading and using abandonware for private, personal use?

• • Research – Using abandonware code is legal if released by the manufacturer Using code distributed by a pirate is illegal • • • Entertainment – Downloading software distributed by a pirate is always illegal Even so, companies care more about pirates than users Distributing copyrighted software without the manufacturers’ permission is illegal, and often watched more closely

What determines the legality of downloading and using abandonware for private, personal use?

• • Software used as a tool – May be downloaded for non-commercial use NeXTStep and OpenStep are abandoned APIs that may be downloaded for free Screenshot of OpenStep

Is it ethical to download and use a pirated copy of abandonware?

• • • It’s morally sound if: The website it comes from includes a disclaimer The original copyright laws are ignored by the producers The producers wouldn’t make a profit from the software if you purchased it • • • It’s morally wrong if: You can find and purchase the software without much difficulty You share it with others (for free or otherwise) The software comes out of abandonment

UP NEXT...KEITH NEER!

Educational Abandonware

• • Many Educational games are Abandonware May benefit students – Low income families – Low income schools

Source Code

• • Software is replaced about every 5 Years Life Expectancy – Average: 9 Years – Longest: 20 Years – Shortest: 2 Years

Educational Use

• Students can dissect the Source Code – Learn code writing techniques from a professional point of view – Learn which techniques work – Which techniques don’t work

Commercial Use

• Companies buy software to last – Companies may be able to fix the problems themselves – Adapt to what they need

AND NOW...DEMIS HARPER!

Reasons for Distribution

 Abandoned Software not otherwise available.

 Supports use of Abandonware for “archival purposes”  Hardly ever prosecuted  Abandonia.com

The Counterargument

 Abandonware still copyrighted  Publisher interest may be growing

Hacked Games

 Game modified from original version by third party.

 Example: Donkey Kong Role Reversal  http://mediaarealive.com/donkey-kong role-reversal/

Problems

 Who owns copyright to hacked game?

 Does distribution of hacked game violate terms or copyright of original game?

 Solid answers difficult to find.

Kantian Analysis

Maxim: I distribute/download abandonware in the case that it is not otherwise available for legal purchase in order to have the program available for the future.

General: Everyone distributes/downloads abandonware in the case that it is not otherwise available for legal purchase in order to have the program available for the future.

Kantian Analysis (continued)

PSW: Would it be rational to adopt this as natural law?

If everyone distributed and downloaded abandonware, it would be widely available. Increased interest may cause companies to redistribute the abandonware making it available for purchase.

Yes. This creates a symbiotic loop.

Act Utilitarian Analysis

Option 1: Do not pirate abandonware Consequences: 1 Abandonware unavailable to self/public, 2 Copyright upheld Likelihood: 1 High, 2 Certain Utility:1 low, 2 high

Act Utilitarian analysis (continued)

Option 2: download/distribute abandonware Consequences: 1 Copyright violated, 2 prosecution, 3 abandonware available for use.

Likelihood: 1&3 Certain, 2 very low Utility: 1 low, 2 low, 3 high

Rule Utilitarian Analysis

Rule: Everyone downloads/distributes abandonware.

Consequence: Interest in abandonware product X grows. Company republish or update, product X is no longer abandonware. Product Y is abandoned. Repeat with product Y.

Outcome: Beneficial to both parties, moral.

Social Contract Theory Analysis

Current Contract in the form of Copyright violated by distribution of abandonware.

Downloading/distribution violates copyright.

Ergo, downloading/distribution is wrong.

Implied contract: Abandonware downloads rarely prosecuted. Possible implied exception to copyright law?

If so, downloading/distribution is acceptable.

Our Sources

• • • • • • • • • • Wikipedia http://www.geekosystem.com/how-to-make-rom-retrode/ http://www.maconintel.com/news.php?article=179 http://www.gamefaqs.com/features/help/entry.html?cat=24 http://www.joystiq.com/2006/11/23/us chttp://www.joystiq.com/2006/11/23/us-copyright-office-grants abandonware-rights/copyright-office-grants-abandonware-rights/ http://www.bit-tech.net/gaming/pc/2009/01/24/abandonware-the ethics-and-essentials/1 http://mediaarealive.com/donkey-kong-role-reversal/ http://firstmonday.org/article/view/2971/2529 http://www.abandonia.com/en/story

Ethics for the Information Age, 5 th

Edition, Michael J. Quinn