Copyright and abandon stuff are separate issues.
It's certainly possible that software is abandon, and that nobody will  
come after you for using it.
That does *not* however, mean the copyright on that software has been  
invalidated.  If the copyright holder (whoever that may be) decided to  
enforce copyright, even though they aren't selling, supporting, or  
indeed even acknowlodging that the software exists, they would still  
have the legal right to do so.
Is this right? Probably not, but that's the way the law is written.
There was an attempt (in 2001-2002) when copyright law came up for  
review to get abandon software exempted from copyright restrictions,  
but the attempt failed.  It was supposed to be revisited in 2008-2009  
( I think) but I have heard nothing about whether it actually was or  
not.
In short, while abandon software is still under copyright, and  
downloading copyrighteded software is illegal, there's nothing to  
prevent you from doing so if you choose to do so.
The only caveat is that: if (for any reason whatsoever) the copyright  
holder decides to enforce their right to that software, then you would  
be in trouble, plain and simple.

Now, in reality, it's not that cut and dry, and everyone knows that.
Just be careful, and try to be reasonable, and it's likely nothing  
will happen to you, but do be advised that just because someone  
doesn't prosecute for copyright infringement, doesn't mean they won't  
do so in the future.


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