David, we had this same discussion back in May of 2014. Here is what I wrote then:
The usual term for this is "source code escrow." A third party holds the code with a contract that says that if the vendor goes out of business or fails in some way then you get the source code. The third party charges, and so the vendor may charge you. There are two or three HUGE problems with source code escrow: 1. Thing about your own programs. You hire a guy or gal. You sit him or her down with all of the documentation and relevant tools and help from your experienced people. How long before he or she is productive? Three months? Now, suppose this vendor product blows up and it turns out the vendor is out of business. You are going to go to court, get the software from the escrow agent, get the necessary platforms and tools -- and fix the bug, all quickly enough to make a difference to your business? 2. Unless you have an elaborate verification process, what if you get the source code and discover that through malice or oversight, the source code is five versions back out of date and missing three critical include files? 3. A contract that says "we will do X in the future" -- in this case, give you access to our source code -- is what is called an "executory contract." Bankruptcy courts are very reluctant to enforce executory contracts because the whole point of bankruptcy is tear up whatever came before and give the debtor a fresh start. Charles -----Original Message----- From: IBM Mainframe Discussion List [mailto:IBM-MAIN@LISTSERV.UA.EDU] On Behalf Of David L. Craig Sent: Monday, November 30, 2015 4:24 PM To: IBM-MAIN@LISTSERV.UA.EDU Subject: Re: Straightforward way to determine hardware architecture level? Then there's source escrow that no longer seems to be available to customers that are betting their businesses on the continued support of a software facility. I guess the bean counters believe it is less expensive to perish with the software than to paddle the canoe or identify and migrate to another product. Does such planning fall within the purview of "business continuity" these days? ---------------------------------------------------------------------- For IBM-MAIN subscribe / signoff / archive access instructions, send email to lists...@listserv.ua.edu with the message: INFO IBM-MAIN
