"Unlikely" probably isn't good enough for the large companies that could be potential targets, though, and as a result it's a practical matter as well as a philosophical one.
You're talking about legal risk, and you can't eliminate it. All companies must live with it, companies shipping software particularly so. Your legal department should be well-versed in considering legal risks and you really should talk to them about it.
I didn't realise there'd be such a big risk of Linux kernel contributors and/or copyright holders suing *each other*. Sounds like a fun community..
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