+1 If you want your code to be used you need to use a less restrictive license and trust organisations and their developers to do the right thing. Open sourcing everything is not always the best solution and if you force them to open source their changes the chances are you're going to get some internal branch open sourced hidden on some corporate site somewhere, that's not going to give anything back to the community because somebody is going to have to pull those changes back and support them. If you want to build quality OSS then you need to engage the development community, not put a gun to their head and force them to open source.

Lots of companies open source their products under the AGPL with a commercial license they sell. This allows them to say their products are 'open source' and look good, but in reality it hampers their own product. If I wanted to commercialise that product and make changes, I can open source the changes, but I won't sign the original companies CLA which means they can't take my code and use it in their commercial version.

This lawsuit will be interesting though, as it will probably set a precedent on how you can use GPL software in commercial software.