I'd like to know if there are any particular open source licenses or family of licenses that have been established in case law in the US or the European Union, and links to said case law if possible.

In other words, I'd like to know which licenses have been tested in a court of law, legally recognised, and therefore hold a legal 'weight'

  • 1
    what do you mean by "established by case law" Anything that you can imagine putting into your license that is less restrictive than basic copyright holds the weight of law so long as it's clear and conspicuous enough. – Sam I am says Reinstate Monica Apr 23 '13 at 20:19
  • Is this politics? – Jeremy Holovacs Apr 23 '13 at 20:37
  • Yea, I don't think this is a political discussion. That said, a software license is a contract, so would imagine it applies to contract law in general. – user1530 Apr 24 '13 at 3:48
  • I have to agree that this isn't really within the intended scope of this site (see politics.stackexchange.com/faq). Sorry about the confusion. – Robert Cartaino Apr 24 '13 at 14:12
  • Thanks. I don't think that definition given in the FAQ is particularly helpful though. Admittedly, I could have asked the question better, but given that legislation is a central instrument of politics I didn't feel it was particularly off topic for this site. Anyway, I got the help I needed, so thanks all the same. – Topperfalkon Apr 29 '13 at 2:14

This Blog has a list of numerous Open-Source licenses, and you can follow their links to a Wikipedia page for further history and credentials regarding the licenses.

They include

  • no licence
  • public domain
  • GPL licence
  • LGPL licence
  • MIT/X11 license
  • BSD License
  • Apache License
  • Eclipse Public License
  • Mozilla Public License
  • MS Permissive License
  • MS Community License
  • MS Reference License
  • Some of the comments in that blog were quite helpful, even if the blog post itself was mostly wikipedia links. – Topperfalkon Apr 24 '13 at 0:05
  • 1
    The WTFPL has been upheld in court? – Martin Schröder Apr 24 '13 at 7:42

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