Aries_Split post=6.73626.802279 said:
The original Megaman 9 software is no longer being produced. The Virtual Console and PSN and Arcade versions have other things in them the originals don't therefore, by the definition of Abandware, Megaman 9, is abandware.
What are you talking about? Megaman 9 is original to 2008. The development software is also new to the development of the modern game, too. It's all brand new stuff. It's not abandoned. Read the definitions of what abandonware is. None of them apply to Megaman 9, or any of the other games, for that matter. They're all current and supported, the company is still in business, and the copyrights are all still active. Ergo, not abandoned.
EDIT: Further (and this is from the DMCA), the following is an exemption from the DMCA. It states that software that is currently inaccessible (due to format obsolesence) is to be considered exempt from the DMCA:
Computer programs and video games distributed in formats that have become obsolete and that require the original media or hardware as a condition of access, when circumvention is accomplished for the purpose of preservation or archival reproduction of published digital works by a library or archive. A format shall be considered obsolete if the machine or system necessary to render perceptible a work stored in that format is no longer manufactured or is no longer reasonably available in the commercial marketplace.
Since NES games and systems are still quite ubiquitous in used game stores and Ebay, the hardware cannot be considered obsolete, even though it is no longer manufactured. Regardless, this doesn't even apply to Megaman 9 which, as stated earlier, is unique to 2008. Even the development tools had to be recreated, as they no longer existed.