[RFC] Serious Open Source (SOS) License -- Injunctive Relief clause

wtfpl user wtfpl.user at googlemail.com
Sun Mar 15 13:18:35 UTC 2009


2009/3/15 Bruce Perens <bruce at perens.com>:
> A really Serious License would have proper legal review by at least one
> qualified attorney. Can you get that?
> I'd like to hear from your attorney a credible explanation regarding the
> effectiveness of this language.

Well, see for example

http://caselaw.lp.findlaw.com/scripts/getcase.pl?court=ia&vol=app\20030430\02-0836&invol=1

"A company appeals the district court’s issuance of injunctive relief
pursuant to the terms of a contract.  AFFIRMED."

See also:

http://info.yahoo.com/legal/us/yahoo/messenger/messengerapi/messengerapi-2142.html

Do you have any reason to believe that Yahoo's lawyers are incompetent?

"You agree that monetary damages alone would be insufficient to
compensate Yahoo! from Your breach of these TOU, acknowledge that
irreparable harm would result from breach of these TOU, and hereby
consent to the entering of an order for injunctive relief to prevent
or stop any such breach or threatened breach, and the entering of an
order for specific performance to compel Your performance of any
obligations under these TOU."

Here's another example:

http://www.techagreements.com/agreement-preview.aspx?num=311465

"Seller agrees that damages alone would be insufficient to compensate
Purchaser for a breach of this Agreement, acknowledges that
irreparable harm would result from a breach of this Agreement, and
consents to the entering of an order for  injunctive relief to prevent
a breach or further breach, and the entering of an order for specific
performance to compel performance of any obligations under this
Agreement."

and another one:

http://www.docstoc.com/docs/3388921/how-to-trademark-a-name

"Licensee agrees that damages alone may be insufficient to compensate
Johanson for a breach of this License, acknowledges that irreparable
harm may result from a breach of this License, and, provided that the
legal requirements for injunctive relief and specific performance are
met, consents to the entering of an order for injunctive relief to
prevent a breach or further breach or any further action which could
cause some loss or dilution of Johanson’s goodwill, reputation, or
rights in any Johanson Marks, and the entering of an order for
specific performance to compel performance of any obligations under
this License."



More information about the License-review mailing list