If the war against open source continues, eventually the question of what exactly is contained in closed source code bases will surface. And that would leave a host of software vendors with infringing code.
At some point the copyright office is going to have to change the rules and demand that software developers produce ALL of the code on their software products so that there can be a meaningful audit of who is in compliance with IP law and who isn't.
oose is good for the gander. You get to look at open source and seek infringements of copyright and patent. OK, we get to look at so-called "proprietary" code, too, for the same purpose.
SCO made the contents of software a legal question. Any company that has followed along with this -- including Microsoft -- must be subject to the same risk.