Are old Trainz versions abandonware?

[trainzlova8989]

I recently became aware that Trainz versions from the original through 2010 are seemingly unavailable for purchase through any official, digital channels. Would that, out of curiosity, make these legally considered abandonware?

 

[pware]

I doubt that "abandonware" is a legal definition. N3V still hold the legal copyright on all the Trainz versions regardless of whether they are still available for purchase or not.

 

[wreeder]

No, they are the property of N3V Games. If they choose to no longer sell those versions that is their legal right. The largely made up term "abandonware" has no legal standing that I am aware of in terms of voiding the copyright holder's legal rights to control the the distribution of their copyrighted software. Now a copyright holder may choose to ignore the illegal distribution of their software if they decide it is not worth the cost of defending their rights but unlike trademark law where failure to defend your trademark can result in a court voiding your trademark, copyright holders retain their legal rights until the copyright expires or they relinquish those rights by declaring the material to be in the public domain. N3V has in the past put out collections of the older software and may well do so in the future as the 25th anniversary of Trainz is coming up in a couple of years.

 

[wreeder]

Jinx

 

[Forester1]

I believe 2009 is still offered free for signing up on the email list.