Escrow Spain

Access to source code as a competitive advantage

INTECO  ESCROW  Definition

Notarial deposit is some information from a software as source code, object code or any other material that may identify the program. The escrow agreement is embodied in a document in which there are three parties: the two that promote the contractual relationship and the notary before whom the information is deposited in the computer program. The contract sets out the security measures of the material deposited its update, the test for its functioning and causes removal of the deposit.

Legal Implications

The main legal implications of the escrow agreement are that a full test side preconstituted regarding ownership of software and other, that the party does not own the information, and most likely only has a license use about the same, you are guaranteed access to information where the owner goes away or deny it. That is, it is a legal tool by which it is given to a business relationship, greater legal certainty. Fte: Center of Information Security. INTECO.ES

The best way to ensure safe access to source code by developers, as well as access by customers or end users is through the escrow contract.

The news of La LEY, set a precedent in 2003, when a statement acknowledged the client's right to access the source code on a program that was necessary interoperability and some modifications on it. The normal thing is that was included in a contract explicitly otherwise, the source code will be at the expense of the interpretation of a court where joint ownership is proved development even when it has intervened in the actual end user or customer with their methodologies, etc. ..:

The Escrow benefits both the author and the distributor or end user What are the advantages they can get each of this form of protection?

On one side provides a neutral market, protecting both the developer to deposit their sources before a Notary, resulting in a single act of authoring and testing and their customers or end users, in case of loss of the developer or by lack of maintenance, for example, allows access to source code.

 The open source and therefore facilitate access to them is therefore one and the other case, no dependence allows one type of technology and / or supplier.

 Public Administration, at the same time is promoting the standardization of open sources, not to create an environment of dependency between developer and end user.

Citing the Center of Technological Neutrality can find a good definition screened:

Long ago the term neutrality is used in two ways: vertical neutrality, also called formal neutrality, which guarantees equality before an audience that the Administration need to address needs through an acquisition from a third party. And horizontal neutrality, without which the former is impossible as a historical fact there is an imbalance on the presence in the administrative structure itself considered a component that makes captive, the Administration knows it is not neutral and therefore must actively promote their purchases of available alternatives, avoiding the consolidation of a de facto monopoly.

There are cases, which can be exercised without the permission of the holder certain rights in the computer program. In this sense, our law in article 100 defines the limits of the exploitation rights.

Our services also offer the possibility of access to source code guarantees the content of the deposit paid by the developer, against the notary.

Leave your comment