We have the right to download and copy software if it is no longer for sale. (Or music, film etc)
It must be distinguished:
- The rights attached to a work (or software).
- Commercial use is made of this work.
These are two separate things.
- It is not because a publisher decides not to sell its software that same terminate its right.
- It is not because a claimant is no longer selling reproduction of his works if he abandons his rights over.
Microsoft had stopped selling Windows 98, but it is still illegal to download and distribute applicable for old dos game also.