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>Artifex v. Hancom
Have you read Artifex v. Hancom? In Artifex, a lower court decision in the 9th circuit, the court failed to properly identify the GPL, instead confusing "The GPL" with the preliminary offer to do business which gave the prospective licensee an option of a paid proprietary license contract or the GPL. The court in Artifex gave the copyright holder the option of proceeding on a contract law claim of damages, with regards to the offer of the proprietary license contract OR (but not both) to proceed on a federal copyright violation claim for violation of the GPL copyright license. If the GPL itself was a contract, the court would require the copyright holder to proceed under a contract law claim only. (They like to limit damages when they can). The parties elected to settle, and the case went no further.