Interesting question.
I'm sure there's a clause in the contracts stating what happens to the Empeg IP (software/hardware designs) in such an event. But that's probably proprietary information they can't give out.
If, for some reason, development on the current software tree couldn't continue, I'd bet they'd make the player code public. But even that's not likely because the empeg guys keep talking about how the codebase is designed for multiple products, and there's a lot of future plans for their code. Even if SonicBlue folded, the code would probably get rolled into something else down the road, something for another company altogether. Of course, this is just idle speculation.
As far as tech support for the current prodcuts goes, I'm sure this BBS wouldn't go away. And for hardware trouble, you can always phone up Hugo.
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Tony Fabris