: Well, at least it does says this in The Macintosh Garden's front page: "
: Abandonware is commercial software that has been discontinued by the
: publisher and are not sold or supported anymore. If you are the publisher
: of a certain game on this site, and wish that it is removed, please email
: me and I will remove the game. "
And if you believe that that kind of disclaimer carries any legal weight at all, I have some very lucrative Internet schemes for making money to sell you. Microsoft holds the legal copyright on the Marathon games and that copyright is good for another 10 years at minimum. If they chose to go after the Macintosh Garden, I can assure you that the garden would be history and the site maintainer would very likely end up in bankruptcy. Of course if you download the game yourself from this site, I think the worst that could happen to you would be that you'd have to remove it from your computer - unless they could prove that you knowingly downloaded a pirated game.
Frankly, I doubt that M$ cares about Marathon at all, but a number of open source Linux programmers thought as much until M$ realized that they could go after Linux by asserting some of their more obscure concept patents.