Cool site, but a bit cautious...

http://free-game-downloads.mosw.com/

This site might just be the coolest website ever. Just thought I'd share.

Can anyone tell if this is legal/safe? I have a feeling I'm going to get eaten up by viruses.

"Abandonware" is not legal no matter how you look at it. Whether or not it is morally OK, that's another issue.

Abandonware refers to a game whose official support and sales has ceased, and the only legally obtainable copies are second-hand. However it does not mean that the copyrights have been somehow magically nullified. In most cases the copyright holder for abandonware games still exists in some form. Intellectual property gets transferred somewhere even when a company goes bust. The game will be legally distributable only when the IP holder declares it as freeware or public domain. Fortunately it's a growing trend for game companies to promote their new games by releasing old ones as freeware.

There are many examples of games in the most popular abandonware sites that are still sold in bargain bins or retro collections. Having these games downloadable in the internet does actual financial damage which is not often realized. IMO, the damage abandonware sites do is so minimal that I consider this law braking act to be in some undefined "gray area". Unfortunately law is pretty much black and white.

Buying second hand software is no more legal than downloading it off the Internet.

What actual financial damage? You're telling me that it is no more trouble to find a copy of "Fantasy General" (which doesn't even work on the last 3 iterations of Windows) in "a bargain bin somewhere" than to get a copy off the-underdogs? You're telling me that SSI (who have been out of business for years) even care that it's out there? Or that the new copyright owners (probably infogrames/atari - I've lost track) even know they own it?

It is legal, depending on what the software license terms say. In games, license transfer is usually allowed provided you receive the original license agreement (if any), and the original media. BSA has an actual guide on their website for second-hand software buyers.



With bargain bin copies I'm referring to the re-releases (newly printed CD's), not the casual stashes found on the supermarket attic that are put on sale.

I agree that it's very hard to even find out if there is a re-release out there, let alone to find a retailer that sells them. I'm using abandonware sites all the time and not feeling guilty about it at all. Still, I know that in the eyes of the law it is very much illegal. There are even examples of legal action taken against abandonware sites, so that pretty much proves some IP holders really care.

The fact it *requires* javascript to be turned on to download seems a little odd to me - what exactly are they wanting to run before I get to download something?

This is Illegal as it could be, since the site is charging people to download the "abandonware" stuff! (just click on any download link to see it, they justify it saying it's because of data transfer costs)

Really lame, someone need to just remove that link from the post :P

Im all for copyright protection to protect peoples active interests. However, like great works of art, music and literature, the "copy" part of the rights should eventually expire when it can be proven the author is no longer interested enough to sell or profit from it, or in someway maintain it, then after 10-20 years (because of the short lived nature of the media/hardware) it should be automatically released into the public domain. (as they obviously have no interest to protect!).
On the other hand anything new released using media/characters story etc then they should still maintain their intellectual rights of course.

Otherwise great games, masterpeices!, will disappear forever with the next generations never knowing they existed (kind of like sticking all great works of art in a warehouse to decay, because Monet didnt officially release them to be seen by anyone who did not buy them from him).

Ive got nothing morally against abandonware myself for this reason, unless it is still being, or has been sold in the last 10 years.

edit: Charging for it could wrong of course, cant make up my mind on that.. (although museums/galleries charge an entrance fee :/ ).

Bare in mind you have to pay to download from this site.

Ah yes, didnt realise that, that is a bit dodgy.

And they all specifically say that reselling is illegal. It's just more tolerated than more overt forms of piracy, but it's no more legal.

FlameDuck, I can assure you that our German courts in their infinite wisdom have ruled otherwise. It is perfectly legal to sell used software in Germany and to transfer licenses. In fact, EULAs that say otherwise violate German laws and therefor are not legally binding. See the famous 'Microsoft OEM' decision of the Bundesgerichtshof, for example. That's why we can buy OEM/Systembuilder software without hardware -AND- sell it again.

I know that we are an exception, but hey, there must be some benefit to living under German jurisdiction. ;-)

Hmm I didn't even realize that, I was too wary to download because of viruses.

So it just lost all of its coolest site ever possibilities :( Its a shame too, Lords of Magic is on there and I was hoping to find someone who would play online with me.

Oh well...........

Reselling games is illegal if you resell only the license.
If you sell the whole physical medium its actually legal, no mather what EULAs state.

What you print on the manual and the like has 0 legal importance actually, only contracts signed BEFORE paying for it have affect what you are allowed to do and what not.

Most stuff they write in there only holds in america, nowhere else actually.
In europe you could even take them to court for illegal practises (frightening license owners to take full advantage of their right, which includes selling physical licenses)

Autodesk got asskicked last year for example when they tried to sue someone who sold his physical copy of Max 3D and they lost for this very exact reason: EULA are nice but you don't need to read them, they have no legal base on laws. If a company behaves following them, not something you agreed before buying a product, you are entitled for full refund if they for example terminate your license.

If just more MMO gamers whose accounts got frozen would realize that ...

I love how it's free game downloads, yet you have to pay :o)

when selling a game retail the publisher and developers get the fee
when selling a game 2nd hand only the seller gets the fee

so if you happen to go to game and buy a 2nd hand game that MIGHT have been resold 20 odd times then the publishers have only been paid once
is that wrong?
i dont think so

so if a game hasnt been sold retail for lets say 5 years but it can run on modern tech, but the publishers choose not to reissue the game by itself or in a compilation pack and it finds its way onto an abandonware site, then the publishers arnt loosing out on any sales as they arnt selling it in the first place

if how ever they knew that it worked on vista and thought hmm we have oodles of vista compatible games lets stick a dozzen on a dvd and flog it for £19.99 THEN theyd have issues with the abandonware version lurking around as it might be the only game in the dozzen that you might want and would be willing to shell out £20 for one game and 11 freebies

afaik all 8bit games are classed as abandonware as save for recoding for pc noone is out scouring the shops for that tacky speccy game they remember taping off a mate and want an honest copy of

and back to art
any paintings sold and resold for fortunes the money goes (minus commission) soely to the seller ... so if a famous still living artist finds their painting under the hammer for a million and a bit the only money he or she will ever see is the money it was first sold for