I mean, this whole situation seems a lot like the one described in the following articles, and afaik RedHat is still not facing any lawsuits: https://lwn.net/Articles/432012/ http://www.theregister.co.uk/2011/03/04/red_hat_twarts_oracl...
Now RedHat has the benefit that they claim they're "upstream first", but afaik ASLR originated with the grsecurity guys, so there is grsecurity stuff in the vanilla kernel. Is ASLR snake oil?
I don't see how the situation is different between how grsecurity did things and RedHat. Between going out of business and working on the boundary of the GPL, they chose to stay in business.
More importantly, how would you deal with publishing under the GPL and making money off of it? This whole discussion reminds me of this article: http://widgetsandshit.com/teddziuba/2010/01/i-love-the-gpl-e...
The way things are going, the best direction to take if you want to produce GPL code is to have another job unrelated to programming to earn enough to code in your free time. It's really sad if you think of the megacorps that are making billions off of FOSS.
I'll end up with a quote by Steve Jobs: By the way, what have you done that’s so great? Do you create anything, or just criticize others work and belittle their motivations? http://widgetsandshit.com/teddziuba/2010/05/the-future-of-ap...