First ever?

We already have precedent.

http://www.theregister.co.uk/2007/08/24/open_source_railroad/

They may be able to make then stop using the software. But if something is given away for free, how can there be damages? If the value of the software/IP is $0, what has the developer lost? His innocence?

I can see where the GPL would be a threat to a big company, but if you are a startup, you have nothing to lose.

Unless the GPL spells out specific monetary damages for each copy distributed, I do not see the risk for a company. $0 X 100 copies or $0 X 1,000,000 copies still = $0

It is like suing someone for being rude. You might win, but you will only get satisfaction out of it.

why aren't they going after VMware instead. That would surely get more headlines.