Well abandonware is at best an iffy term in when talking about legality, but leaving that aside, there most certainly is a clause in the EULA allowing you to give it to friends. It was basically part of an attempt at differentiating European software distribution laws from those in the US. I don't really know the specifics beyond that.
@ Ryo Chan:
The release of source code doesn't make the whole software package itself 'freeware'. The course code is just that, the source code. It allows you to compile a version of the software using different art and sound and other resources which have NOT been made free for distribution (or using a copy of the game which you have already purchased and thus can theoretically make use of the resources from that). It's basically a way of making modding the game easier so that people who own it already can tweak it how they want.
However, with all that said, my understanding was that the cource code project and free distribution have an (unofficial) blessing from the game's creators. Volition Software's dead, and Interplay (the distributor) is a shambling zombie of a company. I'm not joking, try checking out the official interplay website sometime and see what it looks like. It's dead except for the fact that the management refuses to believe it, no staff, not even anyone to do a simple webpage. The subject of Interplay is a long one, their offices having been shut down back in 2004 for the fact they stopped paying their employees. Probably best summed up by Penny Arcade:
http://www.penny-arcade.com/comic/2004/07/02
:mrgreen:
So yeah, I guess that even if you did "find" a copy on the internet, nobody would really care at this stage.
