That is true in the real world if and only if there is someone willing to sue BMW and see it through to the end. Absent someone doing that I don't see how the GPL is actually enforceable. In some ways it is similar to what we have with surveillance and the NSA in US. While they are probably breaking the law the courts have been unwilling to force them to stop.

》 That is true in the real world if and only if there is someone willing to sue BMW and see it through to the end. Absent someone doing that I don't see how the GPL is actually enforceable.

So... just like every other contract, ever? You can't have an enforceable agreement between civilians without courts. Anyone willfully making a derivative of GPL software explicitly agrees to that contract and as usual, courts are the arbiters. Yes someone needs to go to court.

1. They're not "breaking the law" because copyright infringement is primarily a civil matter (recent changes nonwithstanding).

2. Your statement is essentially tautological because nothing in civil law is ever enforced without someone taking the initiative.

> 1. They're not "breaking the law" because copyright infringement is primarily a civil matter (recent changes notwithstanding).

They aren't committing a crime, they are breaking a law (copyright law). Civil laws are called "laws" for a reason.