How many games are out there using the saame engine and very similar content of the game, even they are different companies?. It's clear that forking the Duke Nukem code to make a imitación of it, also infringe the copyright, but is it a infrigement to use it to make a different game' The copyright is also for the script of the idea. It has nothing to do with how clean the clothes were that the fence wore. It's stolen goods, and with an abandonware argument, you're only arguing that it's not hot stolen goods, and that nobody will miss it enough to come looking for it. A leak is very far from a free game, no matter if it comes with a virus or not. It isn't difficult to find good free games in the web, in Steam there are tons of good free games, apart of several Giveaways (I got the Tomb Rider in this way in Steam), there are no needs for piracy and downloads from obscure sites with cracks to obtain very good games for free (like TDM), only need to search a little bit. But there are also legit sites, like and others, where you can find this games, games which company not longer exist, in the case of MDK (Shiny) also often the official company of the game which release an old game for free, when they made a new one or for other reasons, case of the Hidden and Dangerous (Wiki). I know this and I am aware of mencioned ilegitims "abandonware", also aware of a lot of "abandonware" Sites who offers this games, often with a little "gift" which you and your PC don't like. In other words, you are banking on lawyers not being around and interested in taking legal action, and I'm thinking that they very much are in this case, so I'm just going to say that freyk posting a direct download link in this forum, is a bit on the ballsy side. In the case of 3D Realms, they're a fairly big non-indie studio, and the company which purchased their rights are currently developing a game ("Graven", which is a followup to "Hexen", which is a very old IP).
Abandonware is a legal gray area which ranges from legit abandoned rights, to pirates trying to excuse themselves.
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