“Many open source licences are only two or three paragraphs long
and read more like a manifesto than a traditional software licence.
The simple but unorthodox nature of open source licences, along
with the fact that the software is provided ‘free,’ has lulled many
into a false sense that these licences must surely be unenforceable
and that the use and redistribution of open source software will
have no consequences.“This attitude belies the fact that despite a superficial and
non-legalistic veneer, open source licences rely on traditional
copyright principles and contract law–albeit in a non-traditional
way–and therefore are prima facie enforceable. However, despite
widespread adoption and significant use of open source software
over the past 20 years, little jurisprudence has developed to
determine exactly to what extent open source licences will be
enforced…”