This paragraph from the bottom of the article presents a vector of attack (albeit a small one) on the kernel that I hadn't considered before, but it seems like one we may quickly encounter in the future.
"One would guess that a copyright troll with a small ownership [of kernel code] would succeed mostly in getting his or her code removed from the kernel in record time. Big holders could pose a bigger threat. Imagine a company like IBM, for example; IBM owns the copyright on a great deal of kernel code. IBM also has the look of one of those short-lived companies that doesn't hang around for long. As this flash-in-the-pan fades, its copyright portfolio could be picked up by a troll which would then proceed to attack prior infringers. Writing IBM's code out of the kernel would not be an easy task, so some other sort of solution would have to be found. It is not a pretty scenario."
It's conceivable that Motorola Mobile might have had GPL-licensed linux code. That story might be playing out differently had Microsoft bought them instead of Google.
In the end, the code gets removed and rewritten. Most of Linux is drivers for hardware that you don't have anyway, so the chances of this affecting the average person are minimal.
Honestly, nothing but good could come from being forced to remove key parts of Linux. A lot of it needs a good rethinking, but breaking compat would not be tolerated. If it's legally required, then people don't have a choice.
"In the end, the code gets removed and rewritten."
Undoubtedly true, but what about deployed/sold devices? I wasn't real impressed at the pace of the update getting to my Epic, which I believe was caused in part by different motivations between Samsung and Sprint. What about devices that are no longer supported by updates? They're "out there."
I guess they get an emergency patch or Samsung pays damages. Just like they already do for the eight billion patents various trolls claim their phones infringe on.
"One would guess that a copyright troll with a small ownership [of kernel code] would succeed mostly in getting his or her code removed from the kernel in record time. Big holders could pose a bigger threat. Imagine a company like IBM, for example; IBM owns the copyright on a great deal of kernel code. IBM also has the look of one of those short-lived companies that doesn't hang around for long. As this flash-in-the-pan fades, its copyright portfolio could be picked up by a troll which would then proceed to attack prior infringers. Writing IBM's code out of the kernel would not be an easy task, so some other sort of solution would have to be found. It is not a pretty scenario."