Originally posted by jnier
Von Rom,
You're not interpreting the four factor test of fair use in the same way that courts and lawyers interpret it (i.e. case law). Case law (previous copyright rulings) determines how the four factor test for fair use it to be applied, and abandonware doesn't even come close to meeting the fair use test. Again, I'm sympathetic, but what you're saying is incorrect - there has never been any court case in which an "abandonded" work has had it's copyright expire simply because it was no longer supported by the author of the work.
I am not saying, nor are the courts saying, that copyright expires. You are not reading my arguments properly (or I'm not being clear on them - LOL).
Copyright exists - period.
Fair use allows for non-exclusive use of copyrighted material.
The four main tests for this "fair use" are covered under the four points I listed earlier. The main test is whether the fair use of a product interferes in the commerical market of that product. Since the game has been abandoned for 8 years, and since there is no market or game for it to compete against, it follows that the game has been abandoned, and is being offered to the public free. There is no claim of ownership by the underdogs. After 8 years Hasbro has made no mention of it; and even after it has been on the underdogs site for several years, nothing has been done to remove it. . .
Frankly, I would love to see a game company, say Hasbro, try to go to court over this issue. From what I have read on the issue, they would lose.
We could argue this issue until we're blue in the face. The courts themselves are evenly split on the issue. An appeals court will hear a fair use case this spring.
You'll note in my very first post that I wanted Matrix to get the rights to this game. I then mentioned that I would gladly pay for a re-make of this game, and that I would even work on it for nothing.
You don't want to download the game - don't. Simple as that. . .
In the meantime try to find a grand WWII European game that has the same scope and detail. Good luck. . .
But you won't find Third Reich in the stores. Nope. Why not? Because the company stopped publishing it. It has not made public any future plans to make another one or even to update it. In fact, the company has removed all existing copies from the public domain. You can't find a copy anywhere. It's gone. . . *Poof* As though it never existed. . . Try as you might, you will NEVER find a copy in a store anywhere. . .
Eight years later. . . nada. . . nothing. . . zip. . .
Oh, yeah, I heard a place called the underdogs is offering it free for download. . .
But then, I think we've been through all that. . .
Cheers!