Is it legal to download and run pirated abandonware because I&#39;m curious about the software?
<p>Is downloading Windows 95 and running it just because I'm curious about it legal?</p>
<ol>
<li>Purpose and character of the use: it's noncommercial, and I am doing it to learn about the software, but I'm not sure it's really &quot;educational&quot; because there is little or no practical value anymore in knowing how to use Windows 95.</li>
<li>Nature of the copyrighted work: It is certainly not just a fact or idea, and I don't think it's substantially beneficial to the public for it to be in the public domain (although a case could be made that it is, because it is bringing exactly zero benefit to Microsoft and would have at least some benefit to others if it was in the public domain)</li>
<li>Amount and substantiality: I would be using the entire OS.</li>
<li>Effect upon work's value: None, Microsoft doesn't sell Windows 95 anymore and it could not reasonably be considered a substitute for modern Windows versions.</li>
</ol>
<p>One of the four considerations does indicate fair use, one indicates non-fair use, and two are questionable.</p>

<p>Downloading commercial software without permission would be infringement, unless an <em><strong>exception to copyright</strong></em> (probably fair use in the US) applied.  That the maker and copyright owner no longer supports or sells this software  would not change that. The first-pass fair use analysis in the question is reasonable,  and a court <strong>might</strong> find this to be fair use, but it is far from assured that it would be so found. US statutory damages could be as high as $150,000 or as low as $750 if Microsoft sued and won.</p>
<p>However, as you say, there is no current or plausible future market for Windows 95, and there are lots of copies on CDs and other media floating around, easily available if anyone wanted a copy.  I suspect that Microsoft would not choose to take such a matter to court, even if they became aware of it. If Microsoft does not choose to sue, there is no enforcement action by anyone. Of course they could choose to sue, it is their right to sue.</p>

<p>No, but you can find a runnable library copy of much of the most important abandonware legally at <a href="https://archive.org" rel="noreferrer">the Internet Archive</a>, and in particular, its <a href="https://archive.org/details/softwarelibrary" rel="noreferrer">Software Library</a> archive and <a href="https://archive.org/details/internetarcade" rel="noreferrer">Internet Arcade</a>.</p>

united-states copyright fair-use