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Bankruptcy process already involves identifying and administering the company's assets, so releasing the server software (as-is) to owners of the game could be
by Ukv 4mo ago
Bankruptcy process already involves identifying and administering the company's assets, so releasing the server software (as-is) to owners of the game could be part of that.
- markstos 4mo agoBesides bankruptcy there is also shutting a business down, in which case are no new owners. Lavabit and Silent Circle being examples of businesses that shutdown rather than comply with laws they didn't like.
- Ukv 4mo agoShutting down operations as Lavabit/Silent Circle did doesn't negate existing contractual obligations. Voluntarily dissolving the company would also involve completing performance of outstanding contracts.
- jandrewrogers 4mo agoHow would this solve anything? Performance under existing contracts is still required to shutdown. The mechanisms for getting around contract performance without bankruptcy essentially require handing control of the company to the contractual counter-parties.
- jandrewrogers 4mo agoBankruptcy sells the assets on behalf of creditors that have specific priority in law. Just releasing code to users would be a pretty serious abrogation of creditor rights. The most likely outcome is that some PE firm would buy the software rights out of bankruptcy and figure out how to bleed money out of people that want to continue using that software.
- kbenson 4mo ago> Just releasing code to users would be a pretty serious abrogation of creditor rights. Would it, if legally required at the point of sale of the good the source code is based on and utilizes? I doubt creditors claiming ignorance of state law works well as a defense.