I am very negative on the benefits of escrow. Here's a mental exercise.

Scenario (1). You hire a new developer. You sit him or her down next to the 
existing developers. You share all of the little tips and tricks with the new 
person. You share source code libraries, JCL libraries, etc. How long before 
that person is able to do things more or less on his or her own? Two months? 
Three months? Six months?

Scenario (2). You are using some vendor product. It blows up in production. You 
call the vendor and no one answers the phone. You Google and find they have 
gone out of business. You get your lawyers to contact the escrow agent. After 
some amount of process you obtain the source code, which may or may not be 
current and complete and may or may not include internals documentation and 
little things like JCL libraries. You put a programmer to work on it loading 
the source code, learning to build it, and finding and fixing the bug and 
testing the fix. And all this is going to happen in time to save your 
production? Really?

Charles


-----Original Message-----
From: IBM Mainframe Discussion List [mailto:IBM-MAIN@LISTSERV.UA.EDU] On Behalf 
Of Knutson, Samuel
Sent: Sunday, March 5, 2017 4:39 PM
To: IBM-MAIN@LISTSERV.UA.EDU
Subject: Re: Software vendor trying to force MSU based contract

Most vendor products that provide meaningful value also are internally quite 
large and complex.  Very few if any sites that inherited a source escrow from a 
vendor which goes out of business or sunsets a technology can support those 
products.  Sometimes the products themselves include technology built using 
protected IP from IBM, or other vendors that is protected by non-disclosure 
arrangements.
Consider that source escrow does not automatically imply the ability for a 
company that received an escrow to further disclose or share that IP with 
others (the community).  You mostly likely cannot just take an escrow tape and 
upload it to GitHub.    The product might today be something you like but the 
firm is mostly likely going to be better served by locating a replacement than 
by trying to nurse along Abandonware.  Source escrow just isn't worth the 
trouble for most systems infrastructure products.

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