We are releasing a self-hosted platform that builds on the open source project we have developed. Recently a prospective customer asked if we would put our source code for the platform in escrow. As additional context, our platform is used in an OEM capacity in some cases and this is why the customer insists on an escrow. I’ve been warned by lawyers that this could cause problems for future acquisition or investment. This is the first request we’ve had for this and I’m trying to get some more information if:
1. Source code escrow is still a thing?
2. If you have dealt with this in the past, how did you work around it.
3. Are there some licenses that could both protect us commercially and ensure the source code existed if we dissolved the business?