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Abandonware In A Nutshell: Why Nobody WinsThe IDSA's PositionYou may have heard of the IDSA from their involvment in the annual Electronic Entertainment Expo. The IDSA is a non-profit organization that was founded to support and represent the entertainment software industry. Representation, of course, includes legal representation, which in turn includes performing legal services that individual game companies may not have the time or resources to do so. Various duties include legal advice for game companies, representation in court, and (of course) protecting the legal rights of a company or companies. One would think that such services include bringing copyright infringment to litigation, because everybody knows copying software is illegal. (You know the drill: A $50,000 fine and up to 5 years in jail.) But you may be surprised to learn that the recent shutdown activity has nothing to do with copyright infringement. The issue of copyright is never in question; they don't stop you from copying for the sake of preventing piracy. (Profit is never an issue since the companies are definitely not making money from old games any more.) It's all about intellectual property -- the legal idea that anything a company or individual invents is owned by them, and that they have exclusive rights to control its use and availability. Software companies are just as worried about losing control of their creations as they are about losing profits. Here's the key: You can lose your legal rights if you don't enforce them. So the IDSA continues to shut down sites because rampant copying virtually eliminates a company's ability to control the distribution of their intellectual property. The IDSA's position can be further illustrated by one of their cease and desist letters that they send to websites they want to shut down. The following is an actual letter (with some details omitted to protect the parties involved) sent to an Abandonware site, forcing it to go permanently offline:
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