5b.2.5 WHAT happens when a FOSS licence is infringed?
If a redistributor does not observe the obligations outlined in the FOSS licence, the licence agreement is often automatically terminated or not even concluded in the first place. This means that redistributors infringe copyright law [Chapter 6] because they do not have distribution rights. Some licences also guarantee a grace period to remedy licence infringements, and the licence is terminated only after this period has expired.
Users who just run the licensed computer program on their computer are not subject to any obligations under FOSS licences. They do not even conclude a licence agreement because the simple act of running computer programs does not constitute a copyright-relevant act of exploitation (Art. 12 para. 2 CopA).