>You may not copy, modify, sublicense, or distribute the Program except as expressly provided under this License. Any attempt otherwise to copy, modify, sublicense or distribute the Program is void, and will automatically terminate your rights under this License.
Note that if anyone with copyright over the kernel wins such a suit, the rights to use the kernel are lost for all time ("terminated").
That is not what that clause means. For example GPL also says that they not have to accept the license.
What it means, is that they then have distributed the kernel without permission from the GPL.
And they could get in trouble for that.