Re: Escrow Services for Source code

Don,

I guess how well this works depends a bit on the source code escrow
company. Our contract with Fort Knox requires us to keep updated
versions of all registered products at their site. And they keep back
versions on file. The contracts are very clear about distribution of the
source code and cover a lot of cases. Since the distribution of source
code is not a transfer of assets but a license, it is not affected by
receivership, etc. I do agree with you that using a lawyer or CPA is not
a good way to escrow source - too many chances for things to go wrong in
that way! But using a professional source escrow company can make good
sense.

Patrick

Don wrote:
> 
> Leo,
> 
> I would recommend against it.  For starters, you have no control on the
> vendor updateing the escroed source...  2nd and most important, when a
> company goes into recievership, the assets go to the creditors...NOT to
> the customers...so, you may never see your source!  (at least that's what
> the lawyers told me a while ago when I was looking at this kinda
> arrangement).  Now, you're in Canada and the laws may be different up
> there....but here in the colonies, I kinda tend to stay away from this
> kind of stuff.  It's just not in my best interest
> 
> Frankly, if this company is so unsure of themselves as to not want to send
> the code, I'ld say you may want to look at another company....
> 
> How do you plan on making customizations?  You going to be held ransom to
> them for ever?  THAT could be both expensive and risky!
> 
> See ya in a few weeks..
> 
> Don in DC
> 
> On Wed, 17 Feb 1999, Leo Lefebvre wrote:
> 
> > Hi,
> >
> > Did anybody ever use escrow services for for their vendor source codes?
> >
> > We're negociating changes to a software package we've bought and are are
> > asking the (software) distributor about buying the source code along
> > with the package.
> > The distributor is also making custom modifications to the package to
> > suit our needs. So, I guess, he prefers we use an escrow service to
> > "store" all the source code and if the software developer goes bankrupt
> > (or whatever) we would then have access to the code.
> > I guess we should also take the distributor modified code to an escrow
> > service.
> >
> > Any thought about that?
> > Any name to suggest? Any company to avoid?
> > --
> >
> > Leo Lefebvre
> > leo@tug.on.ca
> > Toronto Users Group for Midrange Systems
> > Visit our home page at <http://www.tug.on.ca>
> > Ph: (416) 606-5960   ---   Fx: (416) 495-0100
> >
> >
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-- 
IBM AS/400 communications, FTP automation, and network security
software and consulting services.

http://www.patownsend.com


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