That doesn't imply it's [entirely] true, but it certainly warrants some analysis. It's not clear what exactly happened without digging. As of today, one of the core files (`kernel.asm`[¹]) is clear about licensing, but the history may have been "not straightforward".
¹=http://websvn.kolibrios.org/filedetails.php?repname=Kolibri+...
Even if the original license doesn't block this, it is still a bit of a dick move IMO.