We disqualify some sellers (including Amazon Marketplace non "FBA") when the licensing chain can't be verified or something, but we have to draw the line somewhere to be called legit.
It's a sad obviety that a game can't be considered abandonware before it stops being distributed legitimately. So yes pirate sources are then acceptable, after the game has become abandoned. It's also possible that someone makes a copy of his game that he acquired legally when they were available for sale.
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