Does a history of enforcement help in cases like this? The article itself says that Truth Social is "antithetical" to Mastodon's values, but that there's nothing they can do about the usage of their software other than license violations. It sounds like they have a bias to enforce their license in this case. If Mastodon has a weak history of enforcing their license to other organizations, does it weaken the case? I'm…
I think this question was decided by SCOTUS in Petrella v. Metro-Goldwyn-Mayer, Inc.: In a 6-3 ruling, Justice Ginsburg declared that laches cannot be invoked as a bar to pursuing a claim for damages brought within §507(b)'s three-year window. However, in extraordinary circumstances, laches may curtail the relief equitably awarded at the very outset of litigation,
>In common law legal systems, laches (/ˈlætʃɪz/ "latches", /ˈleɪtʃɪz/}; Law French: remissness, dilatoriness, from Old French laschesse) is a lack of diligence and activity in making a legal claim, or moving forward with legal enforcement of a right, particularly in regard to equity. This means that it is an unreasonable delay that can be viewed as prejudicing the opposing party. When asserted in litigation, it is an equity defense, that is, a defense to a claim for an equitable remedy.
https://en.wikipedia.org/wiki/Laches_%28equity%29?wprov=sfla...