There is more to it than just the technical nature of the linking, though - the court would take into account all of the circumstances of the claimed infringeme

There is more to it than just the technical nature of the linking, though - the court would take into account all of the circumstances of the claimed infringement. For example, if you distributed your commercial software packaged up with a GPL library, with scripts or links or whatever designed to have that library loaded together with the commercial binary as part of a finished product, then the "dynamic" nature of the linking might well be considered to be a technical irrelevancy. On the other hand, if you distributed your commercial binary on it's own, and expected your customers to find a compatible library to dynamically link against it, then that might be a different matter.