So that is to say, if I sell you some hardware-software package where the software is based on GPL code, then I paid for that software too, and so we are in a contract, part and parcel of which is the content of the GPL.
Suppose I sell you just the hardware, and you download and install the GPLed software separately from that. My sales agreement doesn't mention the existence of that software at all. Then there can be no contract there; that's just some free stuff you got somewhere. Perhaps that somewhere was my own server, where I prepared the images, but that is neither here nor there.
IANAL, but I believe a contract is binding once a party has made some undertaking in relation to it (eg if you order bespoke goods from me, the contract is enforceable once I start working on them, or when you pay for them).
Training staff in the use of some software could be ruled a relevant undertaking.
E.g. we can't sign a document which says I will mow your lawn every Wednesday, April to October and call it a contract. It's missing the compensation clauses, so it's saying the mowing will be free of charge. The GPL is one-sided in that it spells out that some receiving user's rights are to be upheld in such and such a ways, without requiring that user to lift a finger. It's like the free lawn-mowing document in that sense.
But, obviously, that part of it will come from some larger umbrella contract whereby the user is sold the software. Those parts of the GPL which resemble contract clauses should be effectively absorbed into that sales contract. According to the larger contract, the user paid for the software, and so the counterparty is bound by the GPL clauses contractually. (Or so it would seem is the court decision here.)
I doubt that the court decision means that if you give someone a Debian DVD-ROM at a party (let's pretend for a second people still do that) you are now obliged to do additional things for them by a contract.
Civil law is meaningless without a willingness to engage in litigation; you aren't obliged to do additional things because nobody would spend money that way. As a result, I think this example muddies the waters rather than clarifying anything.
Yes. But, generally speaking, that thing of value doesn't have to be money. You could have a perfectly good contract where I get to use your software in exchange for agreeing to your terms, since both (the use of the software, and the commitment to comply with the terms) are valuable.
[Hopefully I'm stating the obvious here but, this is not legal advice. It's a general observations about U.S. law, and does not necessarily apply to any particular situation.]
I think technically yes, practically it is a separate up hill battle. Monetary damages have to be not-speculative, something like "because of defendant not complying with the contract I ended up spending <this> money on <these> software licenses" would probably work, but something like "because of defendant not complying with the contract I ended up making an inferior product (since I had to rewrite this code from scratch)" probably wouldn't.
I doubt that leaves many big lawsuits, it's hard to think of concrete damages that result from people improperly modifying and distributing linux (unfortunately common). Maybe customers of ChessBase who purchased Fat Fritz 2 or Houdini 6 (context: [1]) would have a claim for the return of their license fees, since if ChessBase was properly distributing it as GPL software they almost certainly would have been able to acquire it for free - that's like $50/person though - not a huge money maker.
[1] https://stockfishchess.org/blog/2021/our-lawsuit-against-che...
For another example, think of someone who is hired to handle disbursing an estate by someone who is dying. Their kids/heirs can sue the executor for contractual issues if the executor does anything shady because even though they weren't party to the contract because they stood to explicitly benefit.