[btilly]

I suspect that the legal differences are less than claimed.

The first test of an open source license in court was https://en.wikipedia.org/wiki/Jacobsen_v._Katzer. It was initially lost on a somewhat similar argument. Namely that it was a contract, not a copyright license, and then was an unenforceable contract and therefore invalid. This decision was reversed on appeal.

I have no particular reason to believe that the first French judge to rule on an open source license did a better job than the first US judge to do the same. Both ruled against the license.