I personally have no problem with it.  I'm not saying I support pirating games in all situations, but does anyone buy Nes games anymore? Other than collectors, of course, but the original cartridges aside, does anyone buy Nes games to actually play them? All i'm saying is, if the game isn't making any revenue anyway, should game developers release the game for free?  
 
Sorry about asking so many questions. I say yes, if they are: 
 
-At least 10 years old 
-Have sequels or successors 
-Are no longer in production 
 
The point is, by releasing a game (that wasn't selling) for free, it could build up an audience it never would have gotten otherwise.  
 
Don't get me wrong, i'm sure this won't actually happen,  but am I missing some big reason game developers don't do this?

Yeah, I agree. I don't mind emulating games that are around 10+ years old, because honestly I just want to play the damn thing without paying a premium to some collector.

Heard of Abandonware?
 
Edit: Just found this: http://en.wikipedia.org/wiki/List_of_commercial_games_released_as_freeware

Old games still make profit being re-released online, in retail collections, or as promotional content. So, yes, it's the same as pirating any new game. Abandonware is a grey area pirates often use as an excuse. It's only really abandonware under certain circumstances, not just as old.

If the game is out of print, if it's been over ten years and if it is not obtainable by any other means, then I see no problem with it. No one is making money off of it, why would anyone be upset? There are many games that fall into this category.

@Forcen 
 
Thanks man, awesome 
 
@Al3xand3r 
 
Sure, but i'm pretty sure that was included under my guidelines for what counts. 
As in, "Are no longer in production"

This stumbles into copyright law territory. In theory its always better for the consumer once something loses its copyright protection, and bad for business. My onus is if everyone involved in the project is dead and gone, so should the copyright protection. So once Miyamoto is dead, Mario 1 can be free. Till then he has every right to make a profit on a product he developed and it doesn't matter how old it is, unless he dictates it be given away if you download it free because you have some stupid moral code that condones piracy under x conditions, you're stealing from him. I don't care what you tell yourself. Obviously if you own the cartridge already and emulate it on PC, that's a different story.

There is a loophole in that: games that were remade or ported or whatever to modern systems. As for my opinion, I couldn't give two craps, given how I'm already doing it.

Yes but considering how many games are no longer in production at some point in time yet are re-released later on it's obvious why the publishers don't release them for free. There's always potential to profit from them later on, say on some kind of celebrational re-release or whenever they feel the timing is right for a retro revival of any given title. What if Nintendo had released all the NES games for free, how would they profit from them on VC? They hold onto things because they may profit from them later on. Out of production now isn't out of production always. Not to mention with the advent of digital distribution they can now remain in production indefinitely. And pirates have abslutely no excuse or less of a moral issue for doing this. I'd only find if acceptable if they actually own a release of that game. Within limits of course, owning the PC version of RE5 doesn't mean I deserve the 360 version for free, as nice as things like that would be (buying a game box containing all the system and OS ports would be sweet).

@ryanwho 
 
Good point, morbid but agreeable. Now we just have to assassinate Miyamoto.... 
 
@Video_Game_King 
 
Up yours. Give two craps.

  @Video_Game_King  Up yours. Give two craps.

" @Fripplebubby said:

  @Video_Game_King  Up yours. Give two craps.

I don't give two craps either. It's abandonware. Nobody is going to sue you for torrenting a video game or any other media that's no longer in production, so it's for all intensive purposes legal. "

I re download games that i have owned or own, and just misplaced or are burried in closets behind shit, just because its easier than to go searching for them.
 
I played emulators and downloaded a lot of roms years ago, but now I just have no compulsion to go back and play retro games. I have played alot of them and got my fill. There is far to much coming out nowadays, that I don't have time to play games from years past. 
 
Also, nothing beats playing Donkey Kong 64 with my 360 controller

@Everyonewhothinksitslegal 
 
Guys, i'm not saying download it because you won't get caught. It is still illegal, and if anyone cared to catch you, you could be sued.  
 
Edit: Not Th3_James 
I didn't mean for that post to come after yours

Any game that is no longer in production should be legally downloadable. I think its a plus for the developers aswell, more people get to play their games when they are no longer making money off them. 

I've got a ton of old games. Stuff that I bought, stuff I got on abandonware or emulation, all done years ago. The sad thing is that there is not enough time to play them!   Going back to play old games means you just get further behind on the new games. New games get back-logged.  If all you played was old games then it would work out, but playing old games feels like you're in a fortress of solitude. Nobody else is playing it so you can't relate it to your friends, the whole networking element is out with old games as well & by the time you get up to a multiplayer shooter, nobody will be playing it but you.

I believe so. If the game is out of print and the only available copies are used, then it should be considered abandonware. Of course once the games go on sale again (usually at a very reduced price) I try my best to purchase anything I've played more than a couple hours.
 
I hate looking for classics on eBay because some jerk consumer is getting paid a buttload and the devs/pubs are getting nothing. To me, that's more damaging than giving the game away.
 
But really only a few classic games are worth going back and checking out when there are usually better new games coming out in the genre.

No. Developers should just get their act together and make it available through Steam or GoG.