[hnfong]

> The GPL and friends are very explicitly NOT contracts

The FSF and friends have very explicitly commented that the GPL is not a contract. (In my experience, they are also rather sloppy lawyers in the sense that they tend to put ideology over positive law.) There's nothing explicitly saying so in the GPL text, and the section saying that if you don't accept the "license" you will be in violation of copyright law can actually be read both ways (IMHO).

If you search around, quite a few jurisdictions have apparently ruled that the GPL can be treated as contract. Even the US, maybe: https://qz.com/981029/a-federal-court-has-ruled-that-an-open... (note: take conclusion with a grain of salt). From a common law perspective though, there's really no reason to not consider the GPL a contractual license..

That said, I honestly don't know what's worse -- breach of contract or breach of copyright law. The latter can sometimes carry criminal consequences (and yes, you can be extradited if you are unlucky), while a court ordering performance of contractual obligations can be bad if it's really inconvenient for the business.

[frognumber]

> The FSF and friends have very explicitly commented that the GPL is not a contract.

One of the interesting pieces of law is that in a situation like this one, the intent of the drafter is strongly taken into account. The FSF says it's not a contract, publicly and vocally. That will be used in any court, and a court is very unlikely to overturn that.

> (In my experience, they are also rather sloppy lawyers in the sense that they tend to put ideology over positive law.)

I can't speak for FSF lawyers in general, but Eben Moglen, who drafted this language, is a super-careful lawyer.