> they will turn to specific performance if they think it's appropriate
Do you know of any cases with the GPL where a court has in fact done so? I'm not aware of any outcomes where code has been forcefully licensed as a penalty. Absent strange outside circumstances (like a signed contract) I'd instinctively (but without legal training) think that that a court would treat the violator as "acting without a license" rather than "had specifically agreed to the terms of a contract and then broken it".
It was a live issue in the Artifex case. The parties ultimately settled so we don't have a final answer, but the district court was going along with the contract theory. The availability of specific performance remains an open question too. But if you can in fact enforce the GPL as a contract, then it's not a big step to some plaintiff getting specific performance, which is going to turn on case-specific things like the adequacy of monetary damages.
Do you know of any cases with the GPL where a court has in fact done so? I'm not aware of any outcomes where code has been forcefully licensed as a penalty. Absent strange outside circumstances (like a signed contract) I'd instinctively (but without legal training) think that that a court would treat the violator as "acting without a license" rather than "had specifically agreed to the terms of a contract and then broken it".