[ectopod]

But can you enforce click-through licenses in France?

If Entr'Ouvert had chosen the alternative route and sued as a contract violation, then Orange would have claimed that they never accepted the contract and the matter could only be decided by the copyright court. But (according to the article) you only get one shot at the litigation. So I guess you can never enforce the GPL in France. Maybe?

[mcguire]

The point of the GPL is that, if you don't accept the license, then you don't have any rights to distribute the code and doing so would be a copyright violation. It's not a EULA that has extra restrictions on what you can do.

[tsimionescu]

I don't think taking and distributing a library is comparable to a click-through license. There's a relatively simple case to be made that you could have only copied the code if you had accepted the contract.

Not that Orange wouldn't have tried to claim what you are saying, but as a layman, the case for contract law sounds stronger than copyright infringement.