I don't doubt that an army of lawyers has poured over this but they have size on their side: the cost of litigation vs potential revenue will be a massive factor.
Edit:
> There's a decent bit of caselaw indicating that computers reading and using a copyrighted work simply "don't count" in terms of copyright infringement.
That means their computer can read any code it wants, do whatever it wants with the code, then they can monetise that by giving YOU the code. Would they then be indemnified by saying "no Microsoft human read or used this code"?
However, if you then use the code and look at it, does that make you liable?
Edit: > There's a decent bit of caselaw indicating that computers reading and using a copyrighted work simply "don't count" in terms of copyright infringement.
That means their computer can read any code it wants, do whatever it wants with the code, then they can monetise that by giving YOU the code. Would they then be indemnified by saying "no Microsoft human read or used this code"?
However, if you then use the code and look at it, does that make you liable?