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the unprotected source code should have been supplied
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I don't necessarily agree 100% with that. I protect my source code in many cases, to prevent piracy, as do MANY other developers.
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These kind of developers give good, honest developers a bad name.
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Indeed they do. All developers should have a strategy in place for ensuring their customers don't lose the right to make changes to their software and keep it maintained -- even under the most unusual circumstances. Including the sudden and unexpected death of the developer.