Editing Software license (section)

===Enforceability===
{{further|Open source license litigation}}
Free and open-source software licenses have been successfully [[Open source license litigation|enforced in civil]] court since the mid-2000s.{{sfn|Smith|2022|loc=§&nbsp;3.4.1}} Courts have found that distributing software indicates acceptance of the license's terms.{{sfn|Smith|2022|p=106}} However, developers typically achieve compliance without lawsuits. [[Social pressure]]s, such as the potential for community backlash, are often sufficient.{{sfn|St. Laurent|2004|pp=158-159}} [[Cease and desist]] letters are a common method to bring companies back into compliance, especially in Germany.{{sfn|Ballhausen|2022|p=127}}

A long-debated subject within the FOSS community is whether open-source licenses are "bare licenses" or [[contract]]s.{{sfn|Walden|2022|loc=§&nbsp;1.1}} A bare license is a set of conditions under which actions otherwise restricted by [[intellectual property]] laws are permitted.{{sfn|Smith|2022|loc=§&nbsp;3.4.1}} Under the bare license interpretation, advocated by the [[Free Software Foundation]] (FSF), a case is brought to court by the copyright holder as [[copyright infringement]].{{sfn|Smith|2022|loc=§&nbsp;3.4.1}} Under the contract interpretation, a case can be brought to court by an involved party as a [[breach of contract]].{{sfn|Smith|2022|loc=§&nbsp;3.4.2}} United States and French courts have tried cases under both interpretations.{{sfn|Smith|2022|loc=§&nbsp;3.4}}