What is Source Code Deposit?
Source code deposit is a tripartite agreement aimed at securing software by depositing its source code with a third-party depositary.
The agreement is made between:
- Licensor (software creator): The individual or company responsible for creating the software
- Licensee (company using the software): The company that has the right to access the deposited material under certain conditions, such as bankruptcy, hostile takeover, liquidation of the software producer, or cessation of development of the application.
- Depositary: The third party who ensures the storage of the source code and grants access to the Licensee under the conditions specified in the agreement.
The correct execution of the agreement is overseen by a legal firm and, in some cases, a notary.
Deposit
in 4 Simple Steps
in 4 Simple Steps
- Drafting and Signing the Tripartite Agreement: Formal establishment of the deposit terms between all parties
- Verification of the Provided Source Code: Checking for correctness, completeness, libraries and dependencies, compilation capability, and security of the code
- Depositing the Code in the Chosen Repository: Physically or virtually storing the source code in a secure location
- Granting Access to the Repository According to the Agreement: Providing the Licensee with access to the code under specified conditions
Benefits of Using Source Code Deposit:
Protection of Copyrights
Source code deposit serves as evidence that the code exists in a specific state. It can be crucial in disputes over copyrights or intellectual property.
Control Over Software Development
Allows the Licensee to take over the development of the software if the Licensor stops working on the project.
Protection Against Loss of Source Code
Provides a backup in case of hardware failure or human error.
Facilitates Collaboration with Other Companies
Eases the sharing of code with business partners or contractors.
Security Audits
Allows external experts to review the code to identify potential security vulnerabilities.
Types of Repositories:
- Encrypted Physical Media: Stored in a bank vault or with a chosen notary
- Encrypted Virtual Machine: Hosted in Microsoft Azure cloud with software version control system
- Encrypted Physical Media or Encrypted Digital Archive: Stored by the Licensee, with the password shared according to the tripartite agreement
Additional Services Related to Source Code Deposit:
- Control of the Entire Software Development Lifecycle (SDLC): Ensures that the deposited source code and its subsequent versions are fully compilable and functional in the designated environment, regardless of the availability of external libraries and microservices
- Supervised Code Updates: Regular updates of the deposited code in the repository by a third party
- Code Audits: Evaluation of code integrity, security, and adherence to best practices
- Code Deployment: Implementation of the source code on infrastructure provided by the Licensee
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