That's a pretty huge mistake!
I now see that, per "ncm" (Nathan Myers, whom I always heed closely), elsewhere on this thread, Marcus simply didn't realise that checking into an outside-accessible CVS server constituted "distribution". Note Nathan's shrewd point about the key misunderstanding that resulting from people having assumed different things were what Marcus referred to as his "mistake".
Either way, it's copyright violation and needed to be fixed, but avoidable unpleasantness resulted from that misunderstanding: Michael, like me, had the understandable reaction of "Huh? How can copying someone else's work to that degree possibly be a mistake?"
In how many other code locations has this sort of mishap occurred? Probably innumerably many -- in both open source and proprietary code. (Businesses, as a point of comparison, find themselves inadvertantly committing torts against each other all the time, sometimes being forced to choose between greater and lesser ones. Almost all get dealt with quietly, if noticed.)
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