In my opinion you are limited by the stated Limitations in the RFM. Transient limits are not to be planned for. Soft limiting is beyond the limitations and are transients.
I do use soft limiting and I don't think it's a bad thing BUT it's not planned for or routinely used. The 76 C+ and C++ are not easy to finesse to take-off power limits and occasionally soft limiting is used.
Limitations Section - C++
OPERATING CONDITION Take Off
TRANSMISSION TORQUE LIMIT (%) 100
%N1 100.0
POWER ON
Maximum: 108% Nr; except 109% transient operation for 20 seconds
Minimum: 106% Nr (dual-engine operation)
NOTE
Operation above 104% torque, 100.5% N1, or 912°C T5 is reserved for actual emergencies, inadvertent transient excursions, or, as artificially biased indications, with the OEI training provision.
I think the note is there to allow for use of the soft-limiting without penalty. Notes are not limitations but notes.
A whole other subject would be why are pilots taking-off with weights that aren't right for the a/c with the present conditions.
Just my opinion
Fly safe,
bb