Does copy law allow the free use of Abandonware — software that a copyright holder has ceased distributing or supporting for more then five years?
No. Abandonware is an urban legends created and circulated to justify violations of copyright law on the Internet. Section 302 of the copyright law specifies the duration of copyrights. For works created after 1978, the copyright lasts for the life of the author plus seventy years, or, in the case of anonymous works, pseudonymous works, and works made for hire, the copyright endures for a term of ninety-five years from the year of its first publication, or a term of one hundred twenty years from the year of its creation, whichever expires first. 17 USC Section 302(c). The copyright law does not impose an obligation on the part of the copyright owner to market the work or otherwise make it available to the public for any period of time. Thus, the notion of the abandonment of a copyright due to a lack of distribution, technical support, or even the copyright holder’s going out of business, is false..
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