Certainly OSS has some interesting issues.
The biggest one will probably be the degree to which knowledge gained from inspection of source code is encumbered by trade secret status. A closed-source company would have no problem with this: their source code is as much a trade secret as that of Microsoft, so they do nothing to reveal any secrets when they publish their executables. But an OSS project publishes the source, and hence reveals things about interfaces that were previously secret.
MS may use this as an argument to prevent OSS people looking at their code, perhaps by getting an over-broad NDA accepted. (Some kind of NDA will certainly be needed: MS are not going to lose the trade-secret status of the source itself).
The other method of blocking OSS might be fees to examine the source code. $20 / hour would be insignificant to a company but a major hurdle for OSS.
Once the proposed consent decree is published there is a 60 day comment period. I suggest that relevant projects (the Mozilla and Samba projects spring to mind) submit comments on how the proposed access conditions will affect their ability to create new and better code.
You are lost in a twisty maze of little standards, all different.
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