[Gllug] Hypothetical GPL

Mark Preston mnpbds at lineone.net
Wed Oct 10 12:54:18 UTC 2001


Re Source code escrows
Thanks, or bless you! Rev Rumble who wrote:-
"I really can't say.  All I know is I've worked for a number of
closed-source (the horror, the horror) software development companies,
including my current employer, who were all forced contractually to
put their code into escrow."

in reply to my questions:-

> I would like to know what actually happens in such cases. e.g. how long
> does it normally take for the source code to be released after the
software
> provider goes bankrupt? What are the rights of the company(s) who
> receive the source code - can they modify it for their own use, or are
> they restricted in any way? Could they release it as GPL, or could they
> develop it commercially? Does it depend on the terms of the source code
> escrow itself, or perhaps the lawyers' abilities?

from the other side of the fence as a worker in a sector that relies on
software
that is closed source with escrow agreements, i would suggest that whatever
the escrow agreement that in practice it is very rare for end users to
actually
get their hands on any usable code. It is far more likely that companies
going bankrupt, or heading that way will be taken over and an upgrade forced
upon them by the company that takes them over and then discontinues support.
Ref http://www.bmj.com/cgi/eletters/321/7267/976
See ripped off!
Regards from Mark Preston


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