Windows has never been distributed under a source available license. Grayjay has. The distinction of legal liability still persists.

Grayjay cannot sue you for distributing the source code for free.

Microsoft can, for Windows.

Your argument there also falls flat because you are making the argument "i made an an irrelevant argument to prove this other point". You are by your own points arguing that this is bigger than grayjoy and using Windows illegally leaked source code as a reference to that argument? I dont really care about what grayjoy does at this point, it will prove itself over time , but you furthering some idea of of OMG through your sensationalist headline and this point that what grayjoy is doing is a threat to open source code, OSI, and the free software movement is just unnecessary fear. I'm past 40 and let me tell you. Chill. The average user does not care about OSS, the engineer does. The real threat comes when we have nowhere to distribute or host the code, or even can write code that isnt touched by rules and regulations. What a singular entity choose to brand their code as? Has happened hundreds, if not thousands of times before. And all of those instances have garnered no business based on it. The actual threat is Oracle and the likes, not whatever half measure grayjoy is so IMO you skip the sensationalist headlines. And chill. You can judge them if you want but this isn't a threat to open source in whatever form