1). A disclaimer (i.e. a site saying "we dont condone you doing this, blah blah") is in itself bullshit! No court in the world will uphold a disclaimer. If its illegal to do something and you try to cover your back, you will be prosecuted. To coin a phrase, "a disclaimer isn't worth the paper it's printed on".... FACT!
That is exactly why I've banned all sites using such ridiculous lies ("only for backup purposes", "delete after 24 hours",....) from my linkpages and search engines (which as some might know belong to the biggest in the "Abandonware scene" ).
I don't agree with the last sentence, though. I'm using disclaimers not to establish any 'legal statement', but to give information to the readers. Take the information "Abandonware is illegal" for example. I'm not saying this to feel safer, but to let people know. I've also written "if you don't want your software to be offered here, contact me and I'll remove it". I'm not saying that to avoid prosecution, but because I mean it (it has happened quite often already that developers nicely asked me for that without threatening legal action)! That is possibly where we differ: I do
give a toss, and if someone shows me in any way he still cares for his software, I'll respect that.