Aren't losses trivial to demonstrate: You didn't get the source code. And in the happy case you can be made whole just by them releasing the code, which is easy if it wasn't modified such that it contains proprietary shit.
Losses are paid in money. So you need to specify a certain monetary value and have the court to agree. While it would be the easiest for settling the case to just release the modified source, I don't think you can enforce that.
Aren't losses trivial to demonstrate: You didn't get the source code. And in the happy case you can be made whole just by them releasing the code, which is easy if it wasn't modified such that it contains proprietary shit.