[hodgesrm]

> Software licenses have barely been tested in court...

OSS licenses have been litigated and upheld. Can't supply details of my own experience for confidentiality reasons but plenty of plaintiffs have prevailed in suits about violations of OSS license terms. My guess is the numbers are higher than you might think because a lot of the cases end in non-public settlements.

[sjy]

A confidential settlement does not mean that a licence has been “tested in court” or “litigated and upheld.” It means the parties thought the risk of losing was high enough to justify a settlement. The state of the law remains uncertain because cases are getting settled rather than litigated.

[hodgesrm]

Technically you are right, but the fact that defendants knew they were at high risk of losing means such licenses have teeth.