Open Source License Survives Challenge: Doubts About GPL Enforceability Continue to Wane

Some legal scholars (and open source critics) have questioned the enforceability of open source licenses, including the widely used GPL license. The Free Software Foundation dismisses concerns about enforceability by saying that the GPL is a license, not a contract. They add that without the license, a user who modifies or distributes the software has no right to do so based on copyright law. A recent Federal Court decision should help further minimize concerns about the enforceability of the GPL license.

On March 20, 2006 a Federal Court ruled that the GPL license was not illegal and that open source licenses are valid approaches to software licensing. The significance of this decision is that it demonstrates that the GPL license (and open source licenses in general) can and will be recognized by the Courts as valid licensing arrangements. While specific provisions may later be challenged, the general open source license approach survived this scrutiny.