They are going to have to show that they had on idea this would happen, which is
somewhat difficult.
IE if we added a very large warning to the submission page that said "PLEASE NOTE: BY SUBMITTING A TESTCASE
I suspect we could put a description of what we do with bug reports and how they feed into the testsuite into the manual and the web submitting page, and this might alter our legal position, however, before doing such a thing, we should clear it with legal to ensure it doesn't negatively alter our position.
Personally, I don't feel a change is necessary, but someone does, bounce it up to the SC...
