> If two licenses are substantively equivalent, a court is likely to rule that it's a-okay. One would most likely need to show a substantive difference to have a case.
Which does exist and can affect the ruling. CC notably didn't grant sui generis database rights until 4.0, and I'm aware of at least one case where this could have mattered in South Korea because the plaintiff argued that these rights were never granted to and thus violated by the defendant. Ultimately it was found that the plaintiff didn't have database rights anyway, but could have been else.
Which does exist and can affect the ruling. CC notably didn't grant sui generis database rights until 4.0, and I'm aware of at least one case where this could have mattered in South Korea because the plaintiff argued that these rights were never granted to and thus violated by the defendant. Ultimately it was found that the plaintiff didn't have database rights anyway, but could have been else.