[black_puppydog]

But as the article also points out, the different ways of enforcement typically result in drastically different levels of compensation (read: incentive) with contract law being judged on missed profits, which is often zero for FOSS libraries.

[belorn]

During the piratebay case in Sweden, products that has never been for sale and would never be for sale were discussed in terms of missed profits. The argument that the Swedish courts accepted was a hypothetical sale of said product using the closest similar product, with an added multiplier for the fact that the product would never be allowed to be sold in the first place.

It is hard to know if the french courts would accept a similar argument, but as the author I would definitive argue it. Depending on what the FOSS library do and what a similar product would cost if acquired through legal purchase, the number could easy reach into millions of "lost profits".