Three Ways to Improve Your EULA
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Something I wish I had said in this interview, that I have said elsewhere, and that bares repeating: Legal fee reimbursement (for any violation not just those that go to court) is the most important EULA clause almost no one has. It enables cordial license enforcement by doing a few things. 1. a foundry can pursue a violation that is in the mid rage of being way less than you’d pay to go to court but enough to justify doing something 2. you can be patient with the violator (reducing your stress and worry about costs reduces the overall tension) 3. It ties the cost to the actual time the violator causes the settlement to take (which varies wildly) which both is and feels more fair than a one size fits all solution like multiplying the cost of the infringement 4. big companies with in-house counsel have a built in incentive to drag out a settlement negotiation and wait till you run out of money and must settle. Requiring them to pay your direct legal fees reverses that and gets them to watch the clock with you.

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