PixelBoy: First of all, who's to say that those abandonware files are authentic and not some altered/fan patch version or whatever?
How many times the abandonware games are some altered versions (besides cracking copy protections, if there were such)? Like, never, unless it is specifically stated so?
Plus, as we know, GOG haven't had problems releasing games with third-party patches. See e.g. the Thief games or Deus Ex, or various other GOG releases.
PixelBoy: Secondly, these are business-to-business transactions. I suppose in such legal agreements there needs to be some kind of chain of custody defined for the material. Or do you really think that the contract states: "This legal agreement allows the signed partner to resell our product under specified terms, the signed partner will get the w4r3z where ever they want to, we just don't care."
The "abandonware version" is still the IP rights holder's property, there is nothing "illegal" about it for the IP rights holder to agree to release it, maybe unless it was some heavily modded third-party version of it, which they very rarely are.
These are digital products, these are not some physical objects that GOG would have to return to the IP rights holder in case the release agreement becomes null and void between the IP rights holder and GOG. GOG just needs to stop selling the game on their store, that is all.
PixelBoy: Thirdly, it would make possible legal actions extremely complicated. If there ever was some kind of legal action against some party, and GOG were using abandonware which they simply repack, GOG's position would be extremely difficult regardless of the situation. At least the PR damage would be big, just think back about the small scandal when it turned out that GOG was using known cracks to remove DRM. Do you think such reputation would help GOG signing new publishers?
Why exactly would the publisher care whether GOG cracked the game themselves, or used some well-known existing crack? And why would that be some kind of earth-shattering scandal? Publishers have used such existing cracks themselves in the past.
Here, I will give you an example, the Elite game downloads by Ian Bell, one of the authors of the original Elite game:
https://en.wikipedia.org/wiki/Elite_(video_game)#Legacy http://www.elitehomepage.org/game.htm Check for instance the 68000/Amiga versions where he clearly states the version has a cracker group intro. So where is the big scandal? (I presume pretty much all the other Elite versions on that site are similarly cracked, ie. pirate versions.)
Even if some third-party cracker group altered the Amiga version code somewhat back in 1988, the game code still was Ian Bell's and David Braben's property, even in its slightly altered state.
Also, as I explained before, most PC games from e.g. around 1988-1998 or so didn't really have any actual copy protection that needs cracking. Floppy games at best had some kind of manual check (which doesn't necessarily need cracking if there is a PDF manual available) and many times not even that, and early CD games had no copy protection besides being on a CD-ROM.
If we e.g. talk about the MS-DOS floppy game releases, do you really think GOG gets working 30 years old floppy disks from somewhere, which they install with a floppy drive in order to create the game installation that they can repackage?
Those floppy era games have mostly survived to modern days through abandonware sites, not through people keeping their floppies in safes for 30-40 years. PixelBoy: Also, in the case that there really wouldn't be anything in the publisher archives, and that there would be no game auctions either, there are several game preservation organisations, which catalogue and store games, but don't upload it freely on the Internet. By collaborating with such party, it would be win-win situation for everybody, whereas just downloading it from some abandonware site would not be. And real preservation sites only use legal sources, in case that was unclear.
So if it is so highly questionable and illegal and immoral and whatever for the IP rights holder to use or allow the use of the "abandonware version" (which usually is identical to the "legal version"), how do you explain Ian Bell distributing cracked pirate versions of Elite?
I think you are way overthinking this.
PixelBoy: Now, I'm not totally against abandonware, I use it for 8-bit games and such myself too, but then again, I'm only a guy, not a business. Business always operates on different terms.
This is not about whether one is for or against abandonware, which is just another name for piracy for allegedly "forgotten games".
Still, I am fully confident that if abandonware sites hadn't existed, many of the older classics we see on GOG today wouldn't have survived to this day, for GOG to re-release them.