If it constituted copyright infringement of the linux GPL, I'm sure M$ would have gotten hit with a DMCA Cease and desist letter. The MPAA recently did, it was a much larger afront, in which they created a cd bootable version of Xubuntu, with a network monitoring app preinstalled, they didn't acknowledge the GPL.
The point is, both the devs, and the linux community are very active in this enforcement. M$ is either is very good at stealing (i'm sure they are too), or they're copying in a way that isn't illegal, everyday business.
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