[dathinab]

One bases for damage is that if that project would have complied with GPL you would have saved a lot of money by being able to use that instead of rolling your own, in which case the damage would be development time (potentially very specific) + damage due to time delays (vague).

Depending on the situation a 3rd party beneficiary might have a easier time to lay out the damages and the amount of damages then the first party.

Through not sure how far that would work.

But I mean it is a contract, you are a 3rd party beneficiary and the contract is breached. So it might work.

Anyway that still isn't useful for trolls because they don't lose out on anything as they tend to not produce anything.