Well, that's not exactly a fair representation. The court found as a matter of law (not fact) that the GPL is an enforceable contract. 12b6 standards require th

Well, that's not exactly a fair representation. The court found as a matter of law (not fact) that the GPL is an enforceable contract. 12b6 standards require the court to interpret the facts in the most favorable possible light for the plaintiff. The facts, but not the law. No factual evidence is required for the court to determine whether the GPL can be a legally enforceable contract, so the plaintiff-favorable burden of proof has no bearing on the legal conclusion which is the subject of all this news coverage. The decision being made as a matter of law in a 12b6 motion indicates that the outcome of this particular case still remains uncertain, but that the court would interpret any other GPL in any other case as a legally enforceable contract.