>>They could still make a case if you decompile and sell a product that uses that source code. Copyright laws may still apply in this case.
But how is MS damaged by this? Specifically, where is the loss of revenue to which they are entitled?
"... They ne'er cared for us
yet: suffer us to famish, and their store-houses
crammed with grain; make edicts for usury, to
support usurers; repeal daily any wholesome act
established against the rich, and provide more
piercing statutes daily, to chain up and restrain
the poor. If the wars eat us not up, they will; and
there's all the love they bear us."
-- Shakespeare: Coriolanus, Act 1, scene 1