Affero GPL is the only license that has made sense to me business-wise. If EMC prevailed and it was based on some flaw in the GPL, then fine let's correct it and everything would be (eventually) better. But if the linking provisions or other fundamental theories in the GPL are found the be unenforceable or fatally flawed, it would give me pause. I'd have to research the ramifications and whether it's a precedent that would defang the license in Germany and effects globally. I think most of my customers would be ok with some kind of commercial license that also provides them rights over the source itself. If GPL is a risk, I'd ditch it. I have no enormous legal budget, so if companies start thinking they can win GPL lawsuits, it's not worth it.