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Another poster found grabs of the company's website on archive.org. The last date it existed to be grabbed was in 2001. I think the OP is fine on this one.

Other than that, there's virtually no mention of the company or software anywhere online. Just to put that in context, I'm in the vintage computer / software community where thousands of amateur historians and archivists scour obscure corners looking for old, unknown software apps to preserve. Software sold for Windows 98 up to 2001 (so recent as to barely be considered 'vintage') with so little online footprint means it must have been incredibly obscure. No ads or reviews from magazines or even newsletters means there's a good chance it was a one or two person part-time, home-based business and the product had hundreds or maybe even just dozens of users.

1998-2001 was the hottest time ever for PC software. I worked in marketing Windows software during this period. To have any commercial Windows software product actively available for sale in the late 90s with no surviving footprint would almost require intentional effort to stay unknown. No press releases mailed. No review copies sent. No shows or conferences attended (exhibitor listings are searchable online now). There were much older niche vertical software programs for much more obscure platforms which we know sold less than a hundred copies ever, yet still have a larger online footprint than this program. The OP de-protecting and archiving this previously unknown commercial program represents quite a notable find in the preservation community.

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They could have been bought by a bigger company. You never know until you get sued. If the copyright isn't registered, and often even if it is, there's no way to know who owns it now.

If you're legally daring, and you get sued, you can try to force them to prove they own the copyright. There's often not enough documentation of this sort of thing. People have gotten away with not paying their car loans because after several loan sales and company mergers, the company that owns it can't prove they do, so effectively nobody owns it and it doesn't exist.

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Sure. Anything's possible. My point was that any company response in this particular case is vanishingly unlikely.

> They could have been bought by a bigger company.

Any acquisition (or bankruptcy) in the 2000s is highly likely to have created a web trail.

> If the copyright isn't registered, and often even if it is, there's no way to know who owns it now.

But trademarks need to be renewed, which creates a web trail. And companies that sue over things, have generally already filed suit (or been sued) at least once in their 30+ year history (assuming they still exist today), all of which creates a web trail.

Over my decades in the tech business, I've been fortunate to work with some excellent lawyers as my in-house general counsel and one of the best taught me an important meta-point about realistically evaluating the likelihood of getting sued. Because, no matter how unlikely, anyone can sue over pretty much anything. So after doing the likelihood calculation, remember to ask: "What would the plaintiff's damages be?" Let's imagine someone is crazy enough to spend many months or years and tens of thousands of dollars suing over this defunct, unknown software which hasn't sold a copy in 25 years. But, the law being the law, they win a judgement of damages amounting to a symbolic $1. Because the plaintiff has to prove the actions of the defendant caused them to lose some significant amount money - in the present tense. And making significant amounts of money selling software in the 2020s leaves a web trail.

Because crazy people exist, this bonkers $1 scenario has actually happened (although not in software preservation as far as I'm aware). And, in the rare cases where it's not thrown out by an irritated judge for wasting everyone's time, the judgement is a remedy ("stop doing that") and symbolic damages of $1. And, no, the defendant doesn't have to spend anywhere near what the plaintiff does to defend. You can get to default judgement by doing as little as just filing a few forms and having someone appear once. However, IF the company still existed - the far more likely scenario is they'd just ask OP to remove his blog post and that would be that.

The reason this point matters is that vintage software preservation is historically important yet unfortunately some of our IP laws were created with no thought for what happens in the 'abandonware' scenario where the product is long past economic viability (or even being able to be run) and the company is either gone or no longer cares.

It is always theoretically possible that someone objects to archiving and preservation but the consequences for an individual preserving the software for history and no financial gain, who took reasonable steps to find the copyright owner - are almost always nothing more than a C&D letter - and that's the rare worst case. This is based on decades of experience preserving copyrighted commercial abandonware by non-profit projects like Archive.org and MAME.

My concern is if enough people continually drop the pedantically correct drive-by warning "But you could be SUED" every time some volunteer preservationist saves another title from extinction, people who don't understand there's virtually zero chance in a case like this that OP suffers any meaningful harm simply won't do volunteer preservation or help those who are. It's a form of concern trolling which doesn't help while potentially causing a good thing to happen less.

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You can break laws. You just have to realistically estimate the risk. The chance is low, but the impact is high. Maybe you set up an LLC just in case, or you act from the shadows like "Anna"

The government's traditionally very weaponized. I'd err on the side of overestimating risk unless you're certain about the legalities. Your life could be ruined. Most things that are worth doing could ruin your life. You could die in a car crash too. You have to choose which risks to take.

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> ... but the impact is high.

Wow. I kind of regret the effort supplying supporting facts and reasoning demonstrating the impact is almost invariably zero or negligible.

> Most things that are worth doing could ruin your life. You could die in a car crash too.

So... you agree?

> You have to choose which risks to take.

And you have to choose which concerns to troll. Maybe consider the potential unintended harm you may cause of stopping something worth doing before evoking the specter of a scary-sounding consequence. A consequence which is, in reality, very nearly always harmless (in the non-profit, preservation with reasonable prior search scenario) as well as vanishingly unlikely to happen at all.

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> If you haven't already checked whether the patent and other intellectual property is still owned by any company,

The copyright may still apply but any patent must have expired (20years).

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