Ironically, the SFC I think tried to file their case in state court. Copyright law is a federal matter.
I've no doubt they will drag this issue out in circles forever. But you pretty much know that if they aren't willing to litigate a copyright license in the normal venue - they've got a problem :)
This is what is so worrisome. Now we hear from the SFC that a GPL violation is NOT a copyright violation? This is a ridiculous and yes, extreme interpretation of what most developers would have understood.
Let's check back in on this in the future and see if they can even keep this in state court to try and avoid copyright law.