Glittering:  That is what i would call bad coders.
Um, how about just over-ambitious coders, or under-experienced?  OS design is a lot more complicated than porting games.
Not that I'm disagreeing, of course.  Refactoring OS3 wasn't a very bright thing to do, and I say that as a person who does a lot of refactoring.
As for the lawsuit, hell, the finger points to everyone these days.  Sorry, but these businesses all deserve each other.