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by ndiddy 159 days ago
"Abandonware" is not a legal concept. It's basically shorthand for selective IP enforcement. Essentially, it's saying that if you're illegally distributing a game or piece of software that the original publisher is no longer selling, it's probably fine and they probably won't go after you due to legal action being expensive for something that has little to no impact on the publisher's revenue.

> if there is no commercial activity and the IP violation is not enforced for some many times, it can be considered that you are responsible for this and there was no legal way for the user to be able to use the software.

That's somewhat true for trademarks. If you don't consistently enforce a trademark, then the person you're suing for trademark violation can use that as an argument in court. However, it's not true for copyright (such as someone illegally distributing a game you own).