>    The first option is the get-out-of-jail card for the
   >    defendant.  Just like in Monopoly, you can't be forced to play
   >    that card.
   >
   > Paying damges vs. do something else that won't hurt your wallet
   > is being forced in my book, you have no choice of not doing it.

   You're assuming that for everyone, releasing software as GPL is
   better than paying money to the copyright holder.

You are assuming that the fine will not be big.

   Imagine Emacs code being copy&pasted into the Microsoft Word
   sourcecode. What do you think MS would prefer, pay the fine or
   release Word under GPL?

Depends on the fine.


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