Right, but a very different issue.

Charles

-----Original Message-----
From: IBM Mainframe Discussion List [mailto:IBM-MAIN@LISTSERV.UA.EDU] On
Behalf Of John Gilmore
Sent: Wednesday, June 19, 2013 6:58 AM
To: IBM-MAIN@LISTSERV.UA.EDU
Subject: Re: Auditing vendor source code

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.

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