Bysshe: Whoa now. Since I'm the one who brought up Wiz VII's "abandonware" status, let me see if I can clarify things. First off, you'll notice I didn't provide any links or affirmatively state that it was or wasn't abandonware, just that it is more widely available online than other entries in the series, for unclear reasons.
Second, that abandonware "exists" is, I would argue, self-evident. Legality doesn't enter into it. Whether one recognizes it as ethical or legitimate or not, that doesn't change the fact that it is a concept - a thing which exists in the world because enough people refer to it as such. For example, a bastard son of a medieval monarch might not have been a legitimate heir to the throne, but that doesn't change the fact that the son existed and was a living human being. A gay marriage might not yet be legally recognized in most of the United States, but you can bet a married gay couple from Massachusetts still considers themselves married when they visit Georgia. Abandonware exists, period. This is simply a semantic argument.
Also, let's put it this way: Some copyright holders allow their titles to become freeware or public domain, most often with no further support. I would consider this "freeware" to be a form of legal abandonware. You might insist on calling it freeware, but I think the key issue is availability and support. In addition, sometimes copyright ownership is ambiguous or unknown even to the companies that hold the rights themselves. It's pointless to argue about the ethics and morality of it, because we all have different standards - it's all about how you get through the night.
One can pay high prices to third-party sellers for old games which are far in excess of what contemporary games cost - money which, in all likelihood, will never go to the original creators of the game. One can download a game which is unlikely to be released in the near future, and thereby technically infringe on the rights of some holding company that doesn't care one way or another whether some IP they bought as part of a package deal 10 years and 5 CEOs ago is being "pirated" or not. It's all part of that grey area inherent to life.
I like GOG. I have no problem paying a nominal amount for old games. I think every form of media which can be transmitted digitally should be available for immediate download, for a reasonable fee, and with no strings attached. Eventually, that will probably be the case. In the meantime, I don't lose too much sleep over things like abandonware. If I really thought Wiz VII had been released to the public domain, I would have given a link - I just don't want people arguing further based on an offhand comment I made.
And please take no offense from my arguments about the existence of abandonware, either,
Gundato. That's just how I view things. You're saying that it doesn't legally exist, and I'm saying that it doesn't have to be legally recognized to exist. We obviously both pay for games, let's call the whole thing off.
I can call shoplifting a "five finger discount". I can rob someone who walks down a street and call it a "7th avenue toll". I can mug someone at the ATM and call it an "ATM withdrawal tax". I can hold up a kwik-e-mart and tell them they are paying a monthly "property tax" and the like.
So sure, by those definitions, "abandonware", the "five finger discount", and the like exist. They exist in the sense that they are all words that people redefine every five seconds so that they can justify breaking the law.
Again, someone can buy an import copy of a game and pay "high prices" to Amazon or whatever for shipping it. Money that will never see the developer or publisher. Or one can just pirate it and be done with it.
One can pay 50 dollars for a new game, and realize most of that money is going to the publisher, not the devs. Or one can just pirate it, and call it even.
There are many ways to justify piracy. Do whatever you want, call it a "grey area" if it makes you feel better. But, as far as the law is concerned, it is VERY easy to mark the black side and the white side.