tfishell: In the Apogee discount thread I learned that Jazz Jackrabbit 2 was available there, and so I downloaded it and have been having fun. But I'm assuming the site is legally questionable (and recall others on here discussing this), so I was wondering if anybody else wanted to weigh in on their opinion of the site. (I'm guessing they have FAQ and Legal pages; I was just looking for your personal opinions.)
Abandonware is not legally questionable; it's unquestionably illegal to deal in. The more important question, though, is whether anybody cares enough to prosecute.
Unlike trademarks, the concept of "abandoning" a copyright has no standing. Unless the copyright holder explicitly releases the work to the public domain, it remains under copyright. If the original copyright holder is demised, some successor holds the copyright. No copyright that obtained from 1978 on, which includes most games, has lapsed.
There have been sporadic attempts to shut down abandonware sites. AFAIK, though, nobody has gone after mere users of abandonware.