This is exactly what I was getting at. In the case of commercial software so long as the suspected violation occurs at a company with a license agreement that a

This is exactly what I was getting at. In the case of commercial software so long as the suspected violation occurs at a company with a license agreement that allows these audits then they can be audited at the drop of a hat. I can picture an open source project knowing that a company must be using their code but not really having a way to prove it in front of a judge ("their software is behaving suspiciously similarly ours"). These projects are unlikely to have the resources or desire to go through the legal steps necessary to get an audit granted by a judge. Or in this case, they at one point were using the software in violation of the license, but if they claim that they are no longer doing so and have obfuscated the front-end so it's not possible to prove anymore... I'm curious how that would play out.