> Given the current state of the law and how licenses are written it's impossible declare that "yes, this is absolutely illegal."
This is a reason for Microsoft (which you have given to them) that explains why they're ignoring the license, and why you think it's fine. It's a common refrain: "Everything is so complicated." It doesn't change the fact that they're ignoring the license.
The argument boils down to "we think it's fair use". This has been explained quite a few times. Will that hold up in court? I don't know. Should that hold up in court? Each can have their own opinion on that. But it's definitely been explained, as well as discussed at great length many times before on HN.
This is a reason for Microsoft (which you have given to them) that explains why they're ignoring the license, and why you think it's fine. It's a common refrain: "Everything is so complicated." It doesn't change the fact that they're ignoring the license.