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Developers Lose With Proprietary Software

An anonymous reader writes "Appgen looked like a nice cross-platform accounting program independent software developers could use as a base for custom applications, and lots of them paid $2000 or more for the company's development kits. Then Appgen went out of business and left all those developers stranded. They can't even generate license keys, and their support has disappeared. Nobody knows who now owns Appgen's code, so it looks like all those developers and their clients are screwed. This couldn't happen if Appgen was Open Source. There's a strong lesson in this story for those who choose to listen." Newsforge and Slashdot are both part of OSDN.

8 of 394 comments (clear)

  1. ... news at eleven. by ultrabot · · Score: 5, Informative

    Don't be a Sharecropper.

    --
    Save your wrists today - switch to Dvorak
  2. Source code escrow by sphealey · · Score: 5, Insightful
    This couldn't happen if Appgen was Open Source. There's a strong lesson in this story for those who choose to listen.
    Yes, the lesson is: don't buy a propriatary app without a 3rd party source-code escrow agreement. That was figured out around 1965.

    sPh

  3. From a Real World Experience... by Black-Man · · Score: 5, Insightful

    We gave our source to our paying customers when we decided to drop the product and switch directions.

    Everyone seemed pleased with the arrangement, even though I doubt they were pleased when they got the gazillion lines of C++ code without support.

    And to think my idea of going open source was ridiculed by management 6 months before we flamed out.

    Sheesh...

  4. The Appgen product is expected to continue... by Deviate_X · · Score: 5, Informative

    For those looking for insight on this might look here:

    http://www.aaxnet.com/product/appgn.html

    --------------

    10-Oct-03 - the Appgen company has closed - the Appgen product is expected to continue. There are groups currently working on acquiring rights to license the product and this issue should be resolved soon. Nothing is yet resolved about terms, pricing or VAR support.

    18-Oct-03 - people are still working to put together a deal, but the process has apparently been stalled a bit by the volume of badmouthing and threats (legal and physical) against those who were involved with the Appgen company. Cooperation would seem to be a much better tactic right now.

    You may contact me by email at aax@aaxnet.com and I will keep you updated on whatever I learn about this matter.- or just watch this space

    For people with licensing problems with Mybooks purchased directly from Appgen, this temporary solution has been proposed by an Appgen VAR.

    continued...

  5. Re:Sounds familiar by Randolpho · · Score: 5, Insightful

    Er.... the Java programming language is a specification, and an open one at that (IIRC). If Sun went under, IBM still has a kick-ass VM and SDK. And a great IDE in Eclipse, too. If Sun went under, Java would continue unabated; it's a programming language, not a library or modifiable application.

    From the article it seems to me that Appgen (which I'm not familiar with) is either an IDE/Library/ProprietaryLanguage, or a full-blown application that developers can modify for their own use. It's a far cry from Java.

    --
    "Times have not become more violent. They have just become more televised."
    -Marilyn Manson
  6. Learning is fun! by rabtech · · Score: 5, Interesting

    "Learning is fun!" - Bender, Futurama. If you know this quote, you know that these people just learned an important lesson.

    "Code Escrow"

    If I am going to purchase components or make a decision to commit, I make sure that there is some sort of safety-net just in case the company fails. Often this comes in the form of a code escrow service. Every X days, the company ships off a copy of all their code to the service. If the company fails or there is a serious event, the escrow company releases the code.

    As a small developer that is a large expense, so for my customers, they already have the contact info for my off-site backup person. If anything happens to me, that person is instructed to freely distribute all source code. It is someone I trust.

    Or you could use your attorney.

    Off-site backups are a Good Thing(TM), and it only takes one extra small step to ensure that, should you perish, your work isn't left inaccessible. Whether that means a closed-source app or just your notes on an open source project.

    --
    Natural != (nontoxic || beneficial)
  7. Escrow and bankruptcy by ProfDumb · · Score: 5, Insightful

    Yes, the lesson is: don't buy a propriatary app without a 3rd party source-code escrow agreement. That was figured out around 1965.

    So, you have a contract that specifies software escrow. And when the company goes bankrupt and you find the source is not in escrow (or not all of the source is in escrow, or there is third-party IP in the escrowed source, or ...):

    who are you going to sue?

    An escrow agreement is likely to be enforceable right up until the moment you need it.

    The difference with open source is that you have the source in hand now and so if the company disappears you don't have to sue a non-existant entity to get the code.

  8. Re:OSS as the end game by cduffy · · Score: 5, Interesting

    The paradigm where things start and end free just means developers never get paid.

    My last job paid for writing and supporting Free Software because that's what the company did (and does -- they're still around, and I understand in better financial shape now than when I left). My current job is at a company that writes proprietary software -- but we use Free Software to do it, so when we need a bugfix or an extension, my present employer, a proprietary software company, still pays me to work on Free Software.

    My employer before the last two was a car dealership; they hired me as a contractor to move their base platform to Free Software. Before that I spent some time helping a school district set up some servers running on (you guessed it) Free Software. Same kind of business: They hit a bug or need a feature, I'm the guy to write it. (Not that either of those two *did* hit bugs or missing features, but the capability was one of the things they got when they hired me).

    This myth that folks never get paid for working on Free Software is just that -- a myth -- and needs to die.