Sadly that only works when all parties agree on the "clearly" part. They will lose, but only if you can endure years of squabbling in court and have unlimited funds for your legal team to prove that the aforementioned clearly really is clear. More likely they'll bleed you dry and force a settlement with an NDA bolt on. For a company like MS, pissing a few million down the drain on making life hell for litigants turns into a sound investment: no one looks at it and thinks "I want what they're having". This is where you would ideally have a government-backed consumer rights agency step in and take up the battle.