HACKER Q&A
📣 weinzierl

Is "Grant of Future License" of "Delayed Open Source" enforceable?


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?

  👤 ezekg Accepted Answer ✓
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.
👤 brudgers
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.