Kahle v. AshcroftAny early Video Game
originally submitted by Ken Snider:
Almost any video game created by a game studio that has since folded or ceased distribution.
Stifled uses
Ken Snider:
Oftimes, older games, for platforms no longer considered "current" or otherwise "outdated" are still in active use. Attempts to purchase software for these "older" systems, or even replacement copies in case of media failure, etc, are not possible, because the games are no longer distributed. Often a games copy will relinquish their distribution rights for such "abandonware" and allow it to be distributed. But what if the developer no longer exists? Many of these works comprise the history of the development of computer gaming, and cannot be distributed, excerpted, etc. because of the works being "abandoned" or, as you put it, "orphaned works".
Also, the "mod" community, namely the community that like s to add-on or "re-do" games in the modern era, often cannot contact original publishers to request permisstion to do so for orphaned works.
Max Battcher:
Recommended viewing: The Underdogs (the-underdogs.org); which attempts to be something of a museum for orphaned/abandoned computer games. It's incredible how many game makers don't exist anymore, don't exist as they once were, or don't care about what they previously released.