Die Quellcode-Hinterlegung in der Insolvenz

Software escrow provides for a balance of interest between software provider’s need for confidentiality and the avoidance of client’s dependence on the provider, particularly in case of provider insolvency. Designing software escrow secure from insolvency creates difficulties under German law with regard to the belonging of the source code to the provider’s insolvency estate due to trust law, insolvency-proof right of use to the source code and insolvency contestation. The work provides appropriate solutions for software escrow secure from insolvency at a third party depository. Covered is data carrier and online deposit as well as deposit at escrow agent and notary public.