I do not have firsthand knowledge of that; I was repeating something I read in reference to the ScummVM / Atari GPL lawsuit.

http://www.h-online.com/open/news/item/Atari-settle-over-Scu...

http://sev-notes.blogspot.com/2009/06/gpl-scummvm-and-violat...

I did not mean to spread a mistruth. Perhaps they meant GPL specifically when they said open source? I expect it runs contrary to the "Confidentiality Agreement" clause.