Well, I'm a bit surprised by this, how did the code was leaked online? I guess MS can't simply open-source their early version of their system(such as Windows NT 3.5) over security concern with some of their oldest contractor... so there could be shenanigan some going on?
How can we be 100% sure the piece of source code is from the actual implementation and not some fake source code generated by a bot
? Well at least, while it's a bit early to claim a bot being able to produce this kind of code, but it may hold up in a few years...
Does the source code produce a way to build the actual binary to compare against a rom? If there's no real evidence yet about the correlation between the binary and source code, well a bout it? Did Microsoft claimed themselves they own this piece of source code, on what base?
Further more, projects like Wine/ReactOS may get so close in term of precision of actual development over the years, at least some part of their project would be 100% identical, at this point would they get sued?