Generally, when you ask people who have any understanding of law, they respond, well, of course not. No one with any sanity at all would try and test the GPL in court. They know what's going to hold up.

I do believe that the GPL will eventually be broken. However, it won't be broken in ways such as happening now. It'll be broken when some company is able to show the court that they were doing a lot of things to ensure they weren't going to violate the GPL. And yet a rogue employee, unknown to the rest of the company, violated it despite being told not to. I don't know exactly what the courts will decide in this case. It's still going to come down to the copyright violation. However, it likely won't be a source code release. The GPL will hold up, they will just say the written requirements are to much and ??? . But again, this will only happen after the courts take a very detailed look at all the things the company is doing to ensure they didn't violate the GPL in the first place, which means we are likely looking at many, many years before the first such case. Anyone who isn't aware of the GPL and taking a lot of active effort to ensure they're not violating it, they won't be able to pull off this defense after the fact.