Open Source FAQ > Basic open source software licensing questions > I don't have to worry about the GPL do I? I've heard it can't be enforced in court.
Search the FAQ for entries containing:
- Enforceability. Most unenforceability arguments are based on the fact that the user never accepts the terms of the GPL. In other words, most people have made an argument based on lack of formation. However, "shrink wrap" and similar unsigned software license agreements are considered enforceable today. So this argument is probably not worth relying on.
- Willingness to Enforce. Most GPL code (such as the Linux kernel) is owned or licensed by the FSF. The FSF has publicly expressed its willingness to enforce the GPL, and has an active informal enforcement program in place.
- What about MySQL? Did that prove the GPL is enforceable? The only court case involving the GPL so far (MySQL v. NuSphre) did not involve FSF-owned code. Also, it was primarily a trademark dispute, and was decided on grounds other than the enforceability of the GPL. In any case, the NuSphere product at issue (Gemini) was statically linked to GPL code. This is a far more clear-cut case than most software companies face when making GPL compliance decisions, so a decision in that case would have left many open questions.
- Business Consequences. For the GPL, the business consequences of engendering the ill will of the development community can be worse than any lawsuit.
- What happens if the FSF sues me? Will I have to lay open my source code? This question can't be answered briefly. If you want help assessing the consequences of violating the GPL, you should consult with an attorney.
Last updated on November 7, 2009 by Heather Meeker