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.

Just my .02 speaking only for myself.

Best Regards,
Sam Knutson

-----Original Message-----
From: IBM Mainframe Discussion List [mailto:[email protected]] On Behalf 
Of John McKown
Sent: Thursday, March 02, 2017 8:54 AM
To: [email protected]
Subject: Re: Software vendor trying to force MSU based contract

On Thu, Mar 2, 2017 at 3:00 AM, Dave Wade <[email protected]> wrote:

> I am going to say something you gentlemen may not like...
>
> 1) Do you need the product?
> 2) Do you need continued support, e.g. for legal and compliance reasons?
> 3) is the company in financial difficulties?
>
> If the answer to all these is "yes" then paying the increased charges
> may be your best option. If the company folds or files for protection
> it matters not how many bits of paper you have, if there is no
> business to honor the contracts you have then replacing the product
> may be much more expensive. In my humble IBM is the biggest player of
> these sorts of games and is doing an excellent job of squeezing the
> last drop of blood from its traditional mainframe customers..
>
> .. and throwing lawyers at a problem usually drives the costs up even
> more...
>

​I think you have some very valid points. I don't think that _any_ software 
company offers the following "option", but it is one that I'd like. What I 
_wish_ every company would "require" from a vendor is that should the vendor 
either "go out of business" or "sunset a product", that the customer would get 
a copy of the current source for the product, along with all internal 
documentation. No, I have not been taking any "funny pills". I do realize that 
perhaps all of the current z/OS vendors would like like hyenas if anyone asked 
this of them. Which is yet another reason that I am a FOSS advocate. An 
individual company might not be able to support "some product", but the 
"community" could possibly do so.
--
"Irrigation of the land with seawater desalinated by fusion power is ancient. 
It's called 'rain'." -- Michael McClary, in alt.fusion

Maranatha! <><
John McKown
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