I somewhat doubt they can since in the US the BusyBox lawsuits pretty much all ended with the infringers settling and paying out, and those that didn’t settle, busybox won[1]. I would think that, and the original artistic license lawsuits (which were decided on by the US court of appeals) established that infringing open source softwaree licenses is a copyright infringement.

[1] https://en.wikipedia.org/wiki/BusyBox#GPL_lawsuits