Larry McVoy says that OSDL violates the BK license. Legally, the options you have in that case is to either fix your violation or cease using the licensed product. OSDL won't fire a contractor for what they do in their spare time (and rightly so, IMHO) (assuming I have my facts straight).
Therefore, presumably, OSDL and hence Linus can't use Bitkeeper any more.
NB: There option of "continue to use the product and wait whether the other party sues you" isn't applicable here; Bitmover can remotely turn off your BK when it asks for a lease. Besides, AFAIK the 65535-changeset bug is still not fixed in the free version.
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