Licensing and Contractual Issues
The GPL was designed as a license, rather than a contract. In some Common Law jurisdictions, the legal distinction between a license and a contract is an important one: contracts are enforceable by contract law, whereas licenses are enforced under copyright law. However, this distinction is not useful in the many jurisdictions where there are no differences between contracts and licenses, such as Civil Law systems.
Those who do not accept the GPL's terms and conditions do not have permission, under copyright law, to copy or distribute GPL licensed software or derivative works. However, if they do not redistribute the GPL'd program, they may still use the software within their organization however they like, and works (including programs) constructed by the use of the program are not required to be covered by this license.
Allison Randal argued that the GPLv3 as a license is unnecessarily confusing for lay readers, and could be simplified while retaining the same conditions and legal force.
Read more about this topic: GNU General Public License
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