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Source code escrow - does it work?

Source code escrow cases are as instructive as they are rare. In the recent Filmflex v Piksel decision, Filmflex sought an injunction for delivery up of software for a video on demand platform they Source code escrow cases are as instructive as they are rare. In the recent Filmflex v Piksel decision, Filmflex sought an injunction for delivery up of software for a video on demand platform they licensed from Piksel.

The case is amusing for the arguments Piksel threw up in an attempt to stop release of the code. It is also somewhat heartening for commercial technology lawyers as the courts were pragmatic about source code escrow release and allowed it on analysis of the contract and the facts.

Ultimately, the case provides a valuable step-through of the typical complexities around escrow arrangements and the implications when it comes to seeking deliver of source code.

Laura Witherspoon and I published an article on this in Ecommerce Law Reports, linked below with kind permission.

ECLR Vol 15 Issue 3 pg 21-23

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