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For those of you considering offering software written by someone else on your own site, here is
some information worth considering.
Overview
The Oxford Dictionary of Computing (1994) describes copyright as:
"The right to prevent copying. It is a negative right that can be exercised by a
copyright holder if he/she chooses."
It later goes on to say:
"Computer programs both in source code and object code format are protected as literary
works under amended copyright laws in all industrial nations."
European copyright protection lasts for 70 years after the death of the author. The length
of protection was recently extended in the UK from 50 to 70 years in line with the EEC laws.
USA copyright protection laws still extend to only 50 years after death, but as the Internet is
international, the 70 year rule must be considered.
USA copyright law is complicated further when the author is a corporate one. The
protection then lasts 75 years from the publication date, or 100 years from the creation date,
whichever comes sooner. This is for works created on or after January 1, 1978 - which applies
to most software.
Copyright can also be passed on to a third party after death, allowing for permission to be
sought without the aid of an ouija board.
Protection for software
The first practical computers were built in Britain and the USA during World War II.
Minicomputers and microcomputers did not arrive until the 1970s.
This means that currently there are no computer programs that are not protected by
international copyright. Possibly you could distribute programs written in the USA
during World War II in the States only, but I doubt there would be much of a market for them.
Shareware and freeware programs are still protected by copyright. The only difference is
that the author has given permission for restricted rights of copying and
distribution.
In other words, he or she still retains ownership, and can revoke those rights as they see
fit.
Where copyright law is concerned, software is treated in the same way as literary works.
You cannot distribute copies of works by others without permission, whether those works are still
"in print" or not.
Software written for the first microcomputers will not automatically enter the public domain
until sometime after 2040!
Abandonware
For software to be classed as "abandonware" (which seems not to have a legal definition), the
copyright holder would have to give some sort of notice of abandonment or relinquishment of
rights.
When a software company ceases trading, copyright would pass on to someone else, possibly the
author or a parent company. It would however pass on to someone.
The usual excuse for illegal distribution is along the lines of "They aren't selling it anymore,
so we're giving it away so people can still get it."
Whether software is still being sold, or not, is beside the point. It is the copyright
holder's right to do whatever they choose with the software, even if they decide not to
distribute it at all.
Further information on this can be found on the Abandonware page in
this section.
Seek permission
Seeking written permission is the way to go. Even if the copyright holder does not give
permission, if they get enough requests they may consider releasing the software again
commercially - perhaps even in another format.
Offering their software as a free download from a site makes it less likely that would
happen. After all, who would pay for software that had previously been available for
free?
They may have reasons of their own for no longer distributing it. It may have been an
early attempt, and are a little embarrassed by it, or they may be working on a much improved
version or a sequel. They could possibly even have plans to bundle it in a pack with other
titles they have written.
Of course, in the case of shareware and freeware, permission has already been given for certain
uses. If your intended use is not covered by those permissions, you will still need to seek
written permission. Read the documentation carefully.
Summary
Basically, what this all boils down to is that unless permission is expressly given (by the
copyright holder) for copying and/or distribution of software, it is illegal to do so.
If you want to do some investigating into copyright law on your own, and cannot find information
specifically on software, remember that the source and object code are treated as literary
works.
Finally, I am not a lawyer. The information given here only covers the basics of
some very complicated and constantly changing laws. It is up to you to investigate further
before distributing material that may be protected by copyright. If in doubt, seek written
permission from the copyright holder.
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