(...yet another -=-Dennis writes...)

At 9:50 PM -0500 3/9/05, David W. Fenton wrote:

I'm wondering, though, if Dennis has any examples of software companies that have established a key escrow program. How do they publicize that fact, and how has it been structured?

Ambrosia Software. (Macintosh, and sometimes Windows, game and utility developer).

(Personal communication from Andrew Welch -- Ambrosia el Presidente -- 8/4/02)

At 3:46 PM -0400 8/4/02, Andrew Welch wrote:

I understand. One of the things we are doing is putting our source code to both the registration system and our renewal server into escrow, so that if the unthinkable happens (we no longer exist), you will still be able to use the software.

I didn't find any reference to this on their web site during a casual look. Regardless, if Andrew said it I have confidence that it has been implemented -- I've dealt with them for almost 20 years and Andrew doesn't BS.


At 3:00 PM -0500 3/9/05, David W. Fenton wrote:

And, no, I haven't purchased any authenticated version of Finale and don't intend to do so.

Nor do I.

At 9:01 PM +0100 3/9/05, d. collins wrote:

What I'd like even less than that, though, is having paid good money for something and not being able to use it.

Isn't that an actionable circumstance?

Thus the following:

At 4:16 PM -0500 3/9/05, David W. Fenton wrote:

The cost to MakeMusic of key escrow is very low relative to the cost incurred by users of Finale should MM fail in the absence of key escrow. There is no logical explanation for their failure to provide insurance to their users.

Were I a Coda/MuckMusik principle the current copy-protection scheme (and most others) would worry the hell out of me.


During a bankruptcy a corporation has various legal protections.

These protections do not preclude suits upon the principals. This is (among other reasons) why every business owner with any sense carries a personal rider.

BUT: These riders are invariably relatively small; seldom greater than a few million.

So what happens if a principal makes a decision that causes loss of income for a litigating class?

i.e.: What if the principal was one of those who made the decision to institute a "tethered" copy-protection scheme that, during the implosion of the business, caused numerous customers to lose a significant portion of their livelihood?

I'd really like to see a good liability lawyer analyze this scenario, perhaps with the help of an experienced class-action attorney....


-=-Dennis


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