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It's good this doesn't occur in all areas, but at least for software systems (the area of vendor contracts I'm familiar with) it's not uncommon. A vendor provides an opaque system that requires relatively deep knowledge of it to perform integrations etc. A third party would need to dig deep into the system & documentation to work with it.

I've seen this with SunGard/Ellucian, and also Oracle. They would not make their documentation & technical manuals publicly available. A third party arose offering general maintenance & other services, and used customer's documentation copies to do so. SunGard sued them, and the customer [0]. Oracle has done something similar [1].

Unfortunately, this is a common practice by providers of large proprietary systems, and whether or not the vendor prevails is almost irrelevant: customers now know that competitive bidding brings a risk of costly litigation.

Personally I don't think suing your customers is a very good business practice for long term customer loyalty. Then again some industries only have the choice of a few vendors, roughly equally litigious, to choose from. The alternative is to create your own custom system, but that's an option only available to very large customers.

[0] https://web.archive.org/web/20150319233444/http://blog.thehi...

[1] https://www.chronicle.com/article/a-small-company-promising-...



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