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by Terr_ 23 days ago
Also: Those ownership/privacy obligations to customers should come first in bankruptcy proceedings, ahead of other debts.

IANABankrupcyLawyer, but I believe the status-quo is that various promises like "we'll open-source the server in the end" or "we'll never sell your data" can become voided in the name of making a buck to repay the landlord or business-partner.

2 comments

Reasonable compromise: do this or your copyright is voided.
I think the obligation should be transfer to the copyright holder in the case of bankruptcy. They can then choose to either make individual buyers whole or give up copyright protection.
That might work for static videos and music where the thing isn't interactive, but I don't think it maps cleanly to things like games with an online component, or "we won't sell your private data" SaaS promises.

For example, imagine an MMO, where the buyer says: "I want the trademark and the copyright to all textures and 3D models, but I am not buying the copyright to the source code because I'm going to make a sequel."