Disaster Plan

[tim55]

I have developed bespoke software for companies for some years now, and for the first time someone has asked 'what if I disappear, either through death or other circumstances'.

A cheery thought, but he might also have been thinking what happens if we fall out!

Having said that, it is a valid question as I work on my own and if I was not around, many of my clients could potentially have major problems.

The ownership issue is taken care of - I own the program and the source code and license them to use it, but not resell it - but has anyone had any experience of setting up some kind of arrangement where if something happens, they can get hold of the source code and get some other developer to take up the reins?

Thanks.

 

[CajunCenturion]

You might want to consider establishing escrow accounts which allow your customers the ability to obtain source code, if necessary. You would need to consult an attorney for the specifics.

Good Luck
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[chiph]

Yes, there are firms who specialize in code escrow. But in addition, you need to write down stuff like passwords, build processes, etc. so that after your untimely demise, they will be able to continue to build & use your software.

BTW, does your license/contract specify what happens in this case?

Chip H.


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[tim55]

BTW, does your license/contract specify what happens in this case?"

chiph - No, I have never given it any thought before. However, I am going to add something in the future.

Tim

 

[Sympology]

This may sound really odd, but what could they do anyway; Hold, I guess they could dig you up and sue you.
You are clearly a thoughtful person because I guess most would have "tough luck" type disclaimer.

Stu..

Only the truly stupid believe they know everything.
Stu.. 2004

 

[CajunCenturion]

==> but what could they do anyway?

Sue the estate. Source code is a corporate asset and as such, along with associated liabilities, will transfer to the heirs just like any other legal corporate property. I agree that tim55 is being quite thoughtful, not only to his customers, but to the heirs as well.

Good Luck
--------------
To get the most from your Tek-Tips experience, please read FAQ181-2886
As a circle of light increases so does the circumference of darkness around it. - Albert Einstein

 

[tim55]

I'm glad you think I'm being so thoughtful - as it happens, I am in general, although as I mentioned, until a customer brought the subject up, I hadn't considered it.

It got me thinking though. With modern technology, such as VPN and remote access, it has made my life so much easier, in that I can update software, play around with server and workstation configurations from my office without having to travel to customers sites or deal with IT middlemen, and from the customer's perspective, a bug is fixed overnight rather than once he receives a CD in the post.

What amazes me is that years after I have had any contact with them, I still find that I can get into their systems and I had a conversation with the boss of a large corporation the other day who was absolutely horrified to discover I could remotely gain access to every confidential file in their network, as presumably could everyone else I work with.

It had just never occured to anyone that their whole security policy had overlooked outside software designers.

Now you may say that they are just stupid, but along with the source code issue that started this thread, it does highlight the potential liabilities to companies that they have just never thought of.

Tim

 

[chiph]

They may be shocked, but at some point, you do have to trust outside contractors. They need a certain level of access in order to do the work they've been assigned.

Do some math: Assume a contractor billing at $150/hr, who is unable to access the needed servers because the security admin locked it down and refuses to let anyone in.

I've seen this happen, where the contractor would just start reading the newspaper until the customer got their internal politics straightened out. Took a couple of days --- over $2500 lost because of it.

Chip H.



____________________________________________________________________
Click here to learn Ways to help with Tsunami Relief
If you want to get the best response to a question, please read FAQ222-2244 first