>>A "private" discussion with a FOSS company on this issue is meaningless - there is nothing stopping the FOSS company from disclosing any such discussion to anyone.
>
>Not necessarily. There is sometimes an NDA signed between the respective parties before discussions really get going.

This sounds ridiculous, if I'm getting this anywhere close to right. "We want to sue you, but before we go that far, we want to discuss it with you - but then you have to promise to keep it a secret". What then, if they won't promise? They won't be sued? And if it ever gets to court, how to keep it secret then?

Smells like FUD to me, Miloshevich style. Tons of unqualified allegations, without a single verifiable published fact. Just a scare tactic.