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Sure, but Microsoft has since contributed a lot to Linux and other open source projects. That’s not me saying “oh they’ve changed!”, that’s me saying they’ve made it significantly harder on themselves to bring legal action against because they’ve publicly endorsed and supported the project for so long.
Whatever legal arguments they tried in the past that failed are even weaker now.
The engine Can of Duty uses is effectively a heavily modified quake 3 engine.
By this point it’s so modified it may as well be a different thing, but make no mistake it has evolved from the quake 3 engine.