Abandonware: Dead Games Live On 

"When we become aware of these instances of piracy, we go to these sites and pursue our IP (intellectual property) rights," said Bushkin. "It's not something we go after on a day-to-day basis, but if it's our IP, then it's our IP."

That means abandonware enthusiasts operate at the leisure of the game companies. If the IDSA decides to take lessons from the recording industry, abandonware site operators could be in trouble. The music labels have sued a variety of companies for copyright violations within the last two years. With few exceptions, they have forced businesses and non-commercial sites to remove any infringing material. As game developers begin to experiment with online subscription services, abandonware sites could become a high priority for the piracy police.

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"As old as these game titles are, they are considered to be important assets and (the companies) hold exclusive rights," said Ric Hirsch, IDSA's vice president of intellectual property enforcement. "Our members have indicated that they would entertain requests for nonprofit making purposes, but that's an individual company's decision."

Distributors already offer simple browser-based game sites such as Electronic Arts' Pogo.com, and RealNetworks has a subscription site with downloadable games. Few game companies offer a comprehensive archive of early video games though, since licensing rights are often difficult to obtain and profits would be miniscule. That leaves the abandonware community in limbo.

Achavanuntakul has worked with the IDSA to remove infringing material from her site. So far, she's had little serious trouble because she tries to verify that games on her site are no longer available for sale. She said most of her conversations have been with developers thanking her for archiving their work. She wants to work with corporations to create a complete gaming archive.

"It's my hope that one day the companies will really see and appreciate my attempts to preserve their games as an honest attempt, to look beyond the obvious illegality veneer and become interested enough to help," said Achavanuntakul.

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More stories written by Brad King