A rap artist is hired by a label to create an album. Said artist later dies. The label goes bankrupt soon thereafter, or perhaps simply folds up shop and leaves the business without auctioning off its assets.
I have produced a copy of the album, which I host at my own cost from my server, once these events have transpired. There is no reasonable "victim" left for this crime of infringement, and indeed I'm helping to reduce the scarcity of this product in the world.
While somewhat contrived, this thought experiment is not particularly far off from reality.
Ah, you're correct--we were talking about software mainly, not music.
Software companies never go out of business without selling off their assets, and it's the extreme edge-case where people continue to distribute the works.
See also abandonware or emulation of older systems. It's technically illegal for me to go download a copy of System Shock, but the company that made it is long gone, and the company that bought their assets isn't doing anything with it.
Not intending to bite your head off. :-)