One other thing I should note about the "GPL reasoning" in the Progress v. MySQL case.
In her assessment that no harm was likely, the judge could have been considering that Progress would be estopped from pursuing infringement charges against people releasing derivatives of Gemini under the GPL. The potential reasoning, here, would be that any infringement charges against such hypothetical GPLed works would apply equally to Gemini itself. Unfortunately, Saris did not go into this kind of detail, so we can only speculate. -- Raul