[jdjb]

How exactly is the unresolved tension keeping things in check? The untested nature of how far the GPL can hold up in court is exactly why we see violations of the GPL so flagrantly. It's exactly why violators of the GPL are willing to let this go to court (if there was ample precedent of the GPL being upheld it is reasonable to assume most corps would choose to settle issues like these before they escalate to a law suit).

If the GPL is never proven to be upheld (at least to the point where most legal corporate accepts it) by the courts then it is a meaningless licence that only matters to free software advocates and geeks.

[tacos]

Legal documents aren't tight programs rigidly followed to by a computer. They're rough sketches that Judges are given enormous latitude to interpret.

Several bad things could happen here, not the least of which is that people avoid the GPL for new projects while this plays out.

Agreements are just that -- agreements. The tension that both sides know that they can seek judicial relief in the event of a dispute arguably is the entire basis of civilization.

http://en.wikipedia.org/wiki/Jurisprudence