There are many types of software, such as free software, shared software, donated software, etc., but have you heard of “orphanware” (Abandonware)? Orphan software is also known as abandoned software. This type of software can be downloaded with just one click. But what does it mean when software is abandoned? Is it legal? This time we are going to get to know “orphan software” together.
What is “orphan software”? Should I download it?
What exactly is orphan software?
Orphan software refers to any software whose copyright has not expired. Typical copyright-related regulations apply, but the copyright owner does not currently enforce the copyright. Such copyright owners may be in one of the following situations:
- The copyright owner has ceased to exist, but the copyright has not been transferred to another person or business.
- The copyright holder is still in business but no longer sells the software and has not spent any time or money defending its copyright.
- It is unclear who is the current copyright holder, making it impossible for anyone to purchase, defend or claim the copyright.
Copyright owners usually do everything they can to enforce copyright (laws against piracy, dissemination or use of intellectual property). For example, you may want to make a new Mario game. In this case, you must obtain permission from its copyright owner “Nintendo”. If it is made without authorization, Nintendo has the right to take you to court and seek compensation. Although it is unclear why copyright holders who are still in operation would be passive about the copyrights they hold. The reason is probably that in the absence of obvious benefits, enforcing the copyright will cost more than what is gained. In any case, orphan software is still protected by copyright.
Is orphan software free software or public property?
Some forms of copyright grant you advance permission to perform actions on the content without having to seek permission from the copyright owner each time. The most direct examples are free software licenses, open source licenses, and Creative Commons licenses, but none of these licenses apply to orphan software because the copyright owner has not granted any such license to the orphan software. In addition, orphan software is not in the public domain. Public property allows anyone to freely create whatever content they want on it. The best example is Disney building its empire by creating movies that are public property stories (Snow White, etc.).
Orphan software can be found online
Although orphan software is still copyrighted and prohibited from being distributed, there are still many websites that provide orphan software downloads, the most common of which are orphan games. However, orphan software is not limited to games, but also includes old operating systems such as Windows 3.1, and even older versions of productivity tool software. Often these sites will rationalize their actions by saying that without them, these games and software would be lost in time, just like most early movies. Another common argument is that orphan software does not directly harm the copyright owner, and even the defense of hosting orphan software is a moral imperative and a protective act to prevent loss.
So, is it legal to download orphan software?
You will definitely want to know whether downloading orphan software is legal. Different countries and regions have specific laws related to copyright, and under what circumstances you can legally copy or distribute software that is still protected by copyright. However, in most cases, providing downloads of these orphan software is considered illegal, even in Taiwan.
The term “orphan software” is not clearly used in Taiwan’s copyright law. However, since orphan software is not public property, distributing orphan software is still an act of piracy. Of course, it is an illegal act. No matter what the specific circumstances are, there is no way to avoid this fact. Before the software becomes public property or the copyright owner issues a license, it is illegal to download, host or distribute orphan software, whether or not to profit from it. Historically, prosecutions for copyright infringement for distributing orphan software have been rare, but you can’t leave it to chance. You never know when and for what reason the copyright owner decides to pursue prosecution.
Should you download orphanware?
While downloading and hosting orphan software is illegal in most places, some people do it, and there are more issues to consider besides the legal implications. First, you have to consider security. The lack of regulation makes the orphan realm ripe for abuse. Unscrupulous people know that the copyright owner will not provide any way to verify that your download has not been tampered with, which may contain viruses or other malicious programs. Even if you have somehow confirmed that the software is clean and using it for any serious purpose is definitely not a good idea, orphan software is not supported and therefore carries the same risks as any software that has reached end-of-life.
Instead of downloading orphan software with a higher risk index, you have other alternatives, such as the free web tablet Office, Linux open source version, etc., which you can install on almost any computer. There are also many free or open source games that allow you to legally entertain yourself without spending money.
Source: KOCPC Chinese