The GPL “Liberty or Death!” Clause: An Israeli Case Study

Abstract

This Article analyzes Section 12 of the GPL in light of a national statutory regime that directly conflicts with some of the core requirements of the license. The Israeli Encouragement of Industrial Research and Development Law restricts an entity's ability to disclose source code or provide certain licenses required under the GPL. This article analyzes the application of the GPL in this particular statutory setting, but also bears on broader interpretative issues raised when the GPL conflicts with local law. The article also discusses the purpose and scope of the Section 12, and highlights the potential consequences of ignoring the impact of local regulatory issues in assessing the effect of the GPL.