Personally, I think any software no longer available via commercial means is abandonware, thus free of copyright. If I can't buy it from a retailer, how else am I supposed to get it? It's like a ship with no crew in international waters.
Now say I have purchased this software, and the disks go bad... With no manufacturer to contact for a replacement, and no one bothers archiving it... It's gone forever!
Software archiving saves our platform and community. It's preservation, not piracy.