Re: Escrow Services for Source code -- MIDRANGE-L



Don wrote:

> Leo,
>
> I would recommend against it.  For starters, you have no control on the
> vendor updateing the escroed source...

You're right about the control on vendors.....



> 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).

But, I thought, escrowing was a protection against some company mis-fortunes?? 
and
that the reason for keeping the source code OUTSIDE the software developers'
premises was to get easier access to it in those times (BASED ON THE AGREEMENT
co-signed by the software developer and the "buyer/end-user"). I guess one has 
to
be very carefull when negociating the terms of such an agreement!



>  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....
>

For this one, I must take for the vendor's side.
You know how easy it is to copy source code, modify it and sell it as your own!
If you spent time and money on developing something that could be unique, for a
while, (ie you found a niche market) you would like to protect it as much as you
can, escrowing can be part of the solution.

>
> How do you plan on making customizations?  You going to be held ransom to
> them for ever?  THAT could be both expensive and risky!
>

Actually, the "software distributor" is making customizations and changes.
In some cases, it can be more profitable to have an expert doing that type of 
work
instead of hiring a person just for that! Specially if the changes can be kept 
to
the minimum.

>
> 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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--

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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