GPL - "Viral" License or "Viral" Contract
Eduard Szattler · Masaryk University Journal of Law and Technology · 2008
Version 3 of the GPL, the most widely used free software license, has been publicly debated since January 2006 and its second draft is already available. Among the most discussed novelties belong Digital Rights Management and Patent Retaliation clauses. However, there are still a few legal issues which are less talked about, yet not properly resolved both in Europe and overseas. While in the United States GPL is considered by some a unilateral software license, pursuant to many national regulations outside U.S., including those of Czech republic and Slovakia, GPL is a contract. Such a fairly unimportant difference may lead to interesting legal questions regarding validity and enforceability of GPL around the globe.