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.
Example: Microsoft had stopped selling Windows 98, but it is still illegal to download and distribute applicable for old dos game also.