cjrgreen: You didn't read far enough. The last punishment listed has no quantum. You can get up to a year in jail for infringing a copyright regardless of value.
Moving the goalposts much?
The punishment you're talking about is if you did it "for purposes of commercial advantage or private financial gain". No one is claiming it's not a crime to make money off abandonware.
cjrgreen: Private financial gain includes taking something you did not pay for.
Preposterous! Do you state free software you've downloaded as income when you file your taxes?
You're talking about a law about distribution anyway. It obviously doesn't apply to downloading.
cjrgreen: Operating an abandonware site that carries advertising and solicits donations is likewise either for commercial purposes or private gain, since it is clearly not a public charity.
Non-profits use advertising and request donations. Non-profits can even sell products. Many official and tax-exempt non-profits distribute copyrighted works without authorization. I happen to have worked for more than one.
Your prejudices about what constitutes charity are irrelevant.
cjrgreen: The only reason abandonware is not prosecuted is the cost of prosecuting exceeds the value of the possible convictions. Not because there is any doubt as to its criminality.
It's the job of law enforcement to prosecute crimes, regardless of what you call the "value" of convictions. Otherwise people wouldn't get convicted for possession of illegal drugs for instance.