On Jun 5, 2015, at 0711, Fergal Byrne <fergalbyrnedub...@gmail.com> wrote:

> The GPL already has a clause which allows the owner (and downstream user) to 
> defer, for 12 months, the full obligations of GPL - see this guy's take: 
> https://github.com/zooko/tgppl/blob/master/COPYING.TGPPL-v2-draft.rst
> 
> Our idea is a bit more startup-friendly - on the commercial side of the dual 
> license, everyone can keep their improvements/extensions closed for up to the 
> full duration of the time-bomb, but they then have to give it all back.
> 
> As to enforceability, I'm guessing copying the language of GPL is hopefully 
> sufficient. These things are rarely tested as far as I know, but I'm sure 
> someone knows better than me.
> 
I think the GPL, MIT, Apache, etc. licenses are probably fine for real world 
use.  Why?  Because everyone uses them.  They are industry norms.

The license you linked is a draft; however, mainline GPLv3 has some specific 
terms related to timing- see section 6(b).

The thing is that licenses are not “contracts” in the sense that a contract is 
offer + acceptance + consideration.  A license is a promise not to sue, and 
there are a number of subtle but important things that may or may not work in 
that situation.  For example, there is no blanket rule on the relationship 
between fair use and a license agreement.  All of this is complicated in that 
purchased software may have a controlling contract on top of the licensing 
agreement, so the enforceability of the system as a whole can get quite messy.

All I’m saying here: I’m not sure that a court will buy that “if you do X 
before this date, I won’t sue you; but then if you do this after Y date, I 
will” is a valid license.  It’s certainly not the norm.

Frank


Franklin M. Siler
Counselor at Law    |||   franksiler.com

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