GPL vs SCO is a loose-loose situation (Score 2, Interesting)

Isn't the argument about SCO releasing a Linux distribution including the kernel under GPL a loose-loose situation for the GPL community?

I can see two outcomes:

• Either the argument is invalid which draws a boarder around the enforceability of GPL.
• Otherwise it forces evry commercial distributor of GPL'ed software to make a full code-review of the software to ensure that they don't distribute source the what to keep their rights to

The latter would make the acceptance of GPL as general purpose license even harder.