In my experience customers are often less concerned with looking at
source code themselves than they are with its availability after an
ISV, particularly a small one, has ceased to be.

I know of a number of arrangements in which current versions of some
product systematically replace deposited older ones under the terms of
a formal escrow agreement, from which they are releasable iff an ISV
ceases to be viable, with viability variously but not very
controversially defined.

Such schemes have the merit that they are ancient, much litigated, and
thus well understood, at least by the lawyers involved on both sides.
There are also bridges in place that make them meaningful/usable in
contexts where many other anglo-saxon legal notions are not
operational.


John Gilmore, Ashland, MA 01721 - USA

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