If I'm not mistaken, the GPL has had to be defended in court several times. It's a situation where someone tries to charge money for a product, but a GPL'd source code was used in the product. That particular situation doesn't apply to this license however, since you can, apparently, do whatever you want.
The GPL has nothing to do with "charging money", so no, that's never been tested in court. And in any case, in a suit regarding any distribution license, it is the copyright owner who would bring the suit, forcing the alleged infringer to "defend" the case.
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If I'm not mistaken, the GPL has had to be defended in court several times. It's a situation where someone tries to charge money for a product, but a GPL'd source code was used in the product. That particular situation doesn't apply to this license however, since you can, apparently, do whatever you want.
The GPL has nothing to do with "charging money", so no, that's never been tested in court. And in any case, in a suit regarding any distribution license, it is the copyright owner who would bring the suit, forcing the alleged infringer to "defend" the case.
Sorry - I was indeed mistaken about the "charging money" aspect of it. However, the GPL has been successfully defended in court:
http://gpl-violations.org/news/20060922-dlink-judgement_fran...