Comment by toast0

> And yet a rogue employee, unknown to the rest of the company, violated it despite being told not to. I don't know exactly what the courts will decide in this case. It's still going to come down to the copyright violation. However, it likely won't be a source code release.

I would expect a court to compell a defendant to either comply with the license or cease distribution and possibly pay damages for unauthorized distribution... But I don't know that there's a good way to figure the damages and US statuatory damages likely don't apply because who registers their copyrights for open source code (or deposits copies with the Library of Congress)?

Infringement by a rouge employee, acting against policy, may be reason to limit punitve damages and stick to actual damages... But if it's an actual rogue employee acting against policy, I would expect the company to cease infringement, begin compliance, or negotiate for an alternative solution once notified about the issue anyway.