I read that article and it is very redolent of what SCO argued back in the day. If they had actual proof, they would take legal action against the author of that plugin.
I am not sure of the outcome.
The first sentence of that article:
> Back on September 4th, we filed a lawsuit against floragunn GmbH, the makers of Search Guard, a security plugin for Elasticsearch
If we are going off similarities, Napster also continued to distribute their software while their lawsuit involving the RIAA was unresolved. The court still ruled against them eventually.