The Legality Of Using Old Software In Modern Times

Is it in fact legal to use old software without paying for it? In the strictest legal sense the short answer is no. This is evidenced by the fact the companies like Nintendo guard their intellectual property very closely, going after sites distributing copies of their old console games going all the way back to the original NES console. Other companies turn a blind eye to the whole matter. I don't see Microsoft going after people using a copy of MS-DOS. They are well beyond that OS and are firmly focused on Windows. Retro computing is a growing in popularity and it may prompt some companies to take a second look at their old offerings and adopt a policy like Nintendo. I really don't see that being the norm, but rather the exception. 

There is a concept in Retro computing called Abandonware. This falls under turning a blind eye notion  The software may still be under copyright, but the owner of that software is not actively pursuing a legal course to protect it. The vast majority of older software falls under this category. There are several reasons for this. The original company may not be around anymore and so there is no one there to go after anyone for using it. The company is still around, but they honestly don't care. Microsoft with MS-DOS is the example here. The company has stated publicly that their old software may freely be used. Borland made copies of their old software available to download. Along the same lines a company may actually release the source code to their product for others to continue development. Id software has released the source code to games like Doom and Quake after a certain number of years. There are a huge number of updated versions of these games for future generations to enjoy.

Most of the old software I have, I bought over the years. So you would think that having a copy would allow its use. Well yes and no. While I have a legal copy, that only gives me the right to install on one computer under most circumstances. This is where things can get a little complicated and you have to actually look at the End User License Agreement or EULA for short. Some companies allow you to install the software on every computer you own, but only run it on one computer at time. Borland's licensing allowed for this and this is the approach I take. I never run any program on more than one computer at a time. I believe this is a valid use of the software even if the original licensing states otherwise. 

The last issue concerns a retail vs OEM license. What is the difference? A retail license is one for which you bought the software separately from your computer. This allows you to uninstall on one computer and install it on another. Getting a newer computer and using it on that one would be the mostly common scenario. An OEM license is one in which the software came with your computer. If your computer dies the software dies with it and cannot be installed on a different computer. The license can be transferred if you sell or give the computer to someone else. The license transfers to the new owner.

I've covered a lot of ground here and the whole topic with all the different aspects can make your head spin. My take is the vast majority of software that is older than 20 years probably will not be a source of worry if you obtain a copy from a website or another source online. The ones that have to worry are the owners of the websites that make the software available for download. They are going to the ones to face any legal action.