In the attached article Iain G. Mitchell QC "discusses a Scottish case which can be used to suggest a radically different approach to the thorny Grandfathering problem in Open Source Software Licensing."
Whilst the case in question was not in connection with FOSS its outcome has implications for it. Namely, that if a licensee fails to comply with the conditions of a FOSS license, the license terminates, copying becomes unlawful and would constitute a breach of copyright.