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Ask HN: Is "Grant of Future License" of "Delayed Open Source" enforceable?
6 points by weinzierl on Sept 10, 2024 | hide | past | favorite | 2 comments
Given that licenses have to operate within the framework of copyright law, what is the mechanism that makes delayed rights possible in principle?

Is a DOSP "license" even a license or is it a contract that promises a future license?



Popular licenses undergoing DOSP like FSL and BUSL were written by lawyers -- very prominent ones in OSS such as Heather Meeker -- so I'd say they're very enforceable.


Ask your lawyer. Licenses matter to the degree the parties have good will and/or legal wherewithal. Nobody is going to enforce the terms of a license except the parties to the license. If it matters, you can litigate if you have the resources.

To me, a license people have questions about is probably a bad license. The exception being a license that is negotiated between lawyers for each party. Good luck.




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