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

wtfpl user wtfpl.user at googlemail.com
Sat Mar 14 19:28:42 UTC 2009


Hallihalo folks,

following upon Russ Nelson's suggestion to "Come back with a serious
license that might be enforcible in a court of law" I'm contemplating
creation of the reciprocal SOS license in which licensee's
distributees are intended Third Party Beneficiaries with the stated
benefit to have access to the source code (no later than expiration of
the Grace Period) under the SOS license terms. The heart of the SOS
license is the following clause:

Injunctive Relief. Licensee agrees that monetary damages alone would
be insufficient to compensate Lisensor and/or Third Party Beneficiary
for a breach of this Agreement. In addition to any other right or
remedy available at law or in equity, Licensee hereby consents 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 performance of any obligations under this
Agreement, provided that the legal requirements for injunctive relief
and specific performance are met.

What do you think?



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