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'''Source code escrow''' is the deposit of the [[source code]] of [[software]] with a third-party [[escrow]] agent. Escrow is typically requested by a party licensing software (the licensee), to ensure maintenance of the software instead of [[Abandonware|abandonment]] or [[Orphaned worktechnology|orphaning]]. The software's source code is released to the licensee if the licensor files for bankruptcy or otherwise fails to maintain and update the software as promised in the software [[license agreement]].
 
==Necessity of escrow==
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==Third party escrow agents==
Museums, archives and other [[GLAM (industry sector)|GLAM]] organizations have begun to act as independent escrow agents due to growing [[digital obsolescence]]. Notable examples are the [[Internet Archive]] in 2007,<ref>{{cite web |url=https://archive.org/details/clasp |title=The Internet Archive Classic Software Preservation Project | publisher=[[Internet Archive]] |access-date=October 21, 2007| archive-url= https://web.archive.org/web/20071019034848/https://archive.org/details/clasp| archive-date= October 19, 2007 | url-status= live}}</ref><ref>{{cite web|url=http://waxy.org/2008/04/milliways_infocoms_unreleased_sequel_to_hitchhikers_guide_to_the_galax/ |title=Milliways: Infocom's Unreleased Sequel to Hitchhiker's Guide to the Galaxy|date=Apr 17, 2008|quote=''From an anonymous source close to the company, I've found myself in possession of the "Infocom Drive" — a complete backup of Infocom's shared network drive from 1989.[...] Among the assets included: design documents, email archives, employee phone numbers, sales figures, internal meeting notes, corporate newsletters, and the source code and game files for every released and unreleased game Infocom made''|publisher=waxy.org|first=Andy|last=Baio|accessdate=January 26, 2016}}</ref> the [[Library of Congress]] in 2006,<ref name="New York Times">{{cite news |url=https://www.nytimes.com/2007/03/12/arts/design/12vide.html?_r=4&ref=technology&oref=slogin&oref=slogin&oref=slogin&oref=slogin |title=Is That Just Some Game? No, It's a Cultural Artifact |last=Chaplin |first=Heather |newspaper=[[New York Times]] |date=March 12, 2007 |accessdate=September 27, 2013}}</ref><ref>{{cite web |url=https://www.buzzfeed.com/josephbernstein/meet-the-men-trying-to-immortalize-video-games |title=Meet The Men Trying To Immortalize Video Games |author=Joseph Bernstein |website=[[BuzzFeed]] |date=October 27, 2014 |url-status=live |access-date=August 22, 2016}}</ref> [[International Center for the History of Electronic Games|ICHEG]],<ref>{{cite web|url=http://www.museumofplay.org/blog/chegheads/2010/10/ichegs-approach-to-collecting-and-preserving-video-games/ |title=ICHEG's Approach to Collecting and Preserving Video Games |first=Jon-Paul C. |last=Dyson |date=October 13, 2010 |accessdate=August 22, 2014 |publisher=museumofplay.org}}</ref> [[Computer History Museum]],<ref>{{cite web | url = http://www.computerhistory.org/highlights/macpaint/ | title = MacPaint and QuickDraw Source Code | work = Computer History Museum | date = July 20, 2010}}</ref><ref>{{cite web|url=http://www.businessweek.com/technology/ByteOfTheApple/blog/archives/2010/07/apple_donates_macpaint_source_code_to_computer_history_museum.html |archiveurl=https://web.archive.org/web/20120209010310/http://www.businessweek.com/technology/ByteOfTheApple/blog/archives/2010/07/apple_donates_macpaint_source_code_to_computer_history_museum.html |archivedate=February 9, 2012 |publisher=businessweek.com |date=July 20, 2010 |title=Apple Donates MacPaint Source Code To Computer History Museum |first=ErikArik |last=Hesseldahl}}</ref> or the [[MOMA]].<ref>{{cite journalmagazine|url=https://www.wired.com/2013/05/moma-video-games/|title='All Hell Broke Loose': Why MoMA Is Exhibiting Tetris and Pac-Man|first=Bo |last=Moore|journalmagazine=Wired|date=May 30, 2013 |publisher=wired.com |accessdate=January 18, 2016 |quote=''The end goal is to acquire the game’s original source code, which can be quite difficult to pry away from secretive gamemakers. If that’s not possible at first, Antonelli at least wants to wedge her foot in the door. “We’re going to stay with them forever,” she said. “They’re not going to get rid of us. And one day, we’ll get that code.”''}}</ref>
 
There are also some cases where [[fan community|software communities]] act as escrow agent, for instance for ''[[Wing Commander (video game)|Wing Commander]]'' [[video game]] series<ref name="WC1sourcecode">{{cite web|url=http://www.wcnews.com/news/update/11167 |title=BIG NEWS: Wing Commander I Source Code Archived! |quote=''Thanks to an extremely kind donation from an anonymous former EA/Origin developer, the source code to the PC version of Wing Commander I is now preserved in our offline archive! Because of our agreement with Electronic Arts, we're not allowed to post recovered source code for download--but rest easy knowing that the C files that started it all are being kept safe for future reference. Our offline archive contains material that has been preserved but which can't be posted, including other source code and budget data from several of the games.'' |publisher=wcnews.com |date=August 26, 2011 |accessdate=January 14, 2013 |archiveurl=https://web.archive.org/web/20131109014042/http://www.wcnews.com/news/update/11167 |archivedate=November 9, 2013 }}</ref><ref name="WC3sourcecode">{{cite web |url=http://www.wcnews.com/news/2011/09/13/wing-commander-iii-the-source-code |title=Wing Commander III - The Source Code |quote=''As we celebrate Wing Commander III's first widespread retail availability since the late 1990s, we would like to mention for anyone that we have the game's source code in our offline archive. We know it's frustrating for fans, who could do amazing things with this, to read these updates... but it's also in everyone's best interests to remind EA that we have the raw material from which they could port Wing Commander III to a modern computer or console. Just let us know!'' |publisher=wcnews.com |date=September 13, 2011 |accessdate=January 14, 2013 |archiveurl=https://web.archive.org/web/20131203031958/http://www.wcnews.com/news/2011/09/13/wing-commander-iii-the-source-code |archivedate=December 3, 2013 }}</ref><ref name="wc4source">{{cite web|url=http://www.wcnews.com/news/2012/04/03/wing-commander-iv-source-code |title=Wing Commander IV: Source Code |quote=''As with Wing Commander I and Wing Commander III, we are pleased to announced that an extremely kind former EA/Origin employee has provided a copy of the Wing Commander IV source code for our preservation efforts! We can't offer it for download at this time, but it is now preserved for future use.'' |publisher=wcnews.com |date=April 3, 2012 |accessdate=January 14, 2013 |archiveurl=https://web.archive.org/web/20131109005741/http://www.wcnews.com/news/2012/04/03/wing-commander-iv-source-code |archivedate=November 9, 2013}}</ref> or [[Ultima 9]] of the [[Ultima series]].<ref name="u9code">{{cite web|url=http://ultimacodex.com/2014/11/ultima-9-the-source-code/|publisher=ultima codex|author=WtF Dragon |date=November 26, 2014 |accessdate=October 28, 2015 |title=Ultima 9: The Source Code|quote="As we continue to mark the occasion of Ultima 9’s fifteenth anniversary, I’m pleased to announced that the seemingly dormant Ultima Source Code Offline Archival Project (USCOAP) has finally borne some fruit: the Ultima Codex has added the source code for Ultima 9 to its offline archive."}}</ref>
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For instance, the [[Blender (software)|Blender]] graphics suite was released in this way following the bankruptcy of Not a Number Technologies; the widely used [[Qt (toolkit)|Qt toolkit]] is covered by a source code escrow agreement secured by the "KDE Free Qt Foundation".<ref>{{cite web|url=https://www.kde.org/community/whatiskde/kdefreeqtfoundation.php|title=KDE Free Qt Foundation}}</ref>
 
There are many cases of [[End-of-life (product)|end-of-life]] open-sourcing which allow the community continued self-support, see [[List of commercial video games with later released source code]] and [[List of commercial software with available source code]].
 
==See also==
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==Further reading==
* [https://books.google.com/books?id=wJswszKTwl4C&lpg=PA99&dq=source%20code%20escrow+code+escrow&pg=PA99#v=onepage&q=source%20code%20escrow&f=true Computerworld (7/20/92, page 99): Don't Rush Into Source Code Escrow]
* [https://books.google.com/books?id=-ECKqAsQzUIC&lpg=PA263&dq=source%20code%20escrow+code+escrow&pg=PA262#v=onepage&q=source%20code%20escrow&f=false A Guide to IT Contracting: Checklists, Tools, and Techniques] ({{ISBN|9781439876572}}, 2013) - Page 262
* [https://www.codekeeper.co/escrow-agreement.html Software escrow agreement samples]
 
[[Category:Source code|Escrow]]