Courts deal with live controversies, they do not rule on abstract things. So, if the case moves to trial, the court will rule that there is no such thing as a legal blanket ban as enacted here. As for settling, you can go back to the top of the thread where I claim that there is no successful prosecution. If you think that is a win, more power to you. I get the feeling that we have been in agreement the whole time. Make noise -> shakedown -> press release -> settle is what happens always. I count that as 'no successful prosecution', and you count that as a win.
You keep saying "case", "trial" as if there is an actual lawsuit or indictment being discussed here. Has MS lodged a lawsuit? If so, I'd love to see it and if not - what are you talking about?