I don’t think it was particularly easy for Phil Zimmerman, random computer programmer who built something but could also go work for MSFT instead, to standup to big time jail Arms Export laws over his something he built.
So you're saying that microsoft has more money to work with? Everything I know about the legal system shows that the more money you have, the easier it is to get your way.
When you're a donation based non-profit, it's easy to "stand up for clear boundaries". In fact, it's literally your purpose.
When you've got >$100Bn of profits on the line, it's a little harder - and you have a different purpose (i.e. to make money).