Their position was much stronger in 1998. But over time MS has lost the war on open source. The idea of trying to stop the spread of FOSS and licenses like GNU is no longer a realistic strategy for them.
The documents filed in Comes v. MS detail MS's own admissions internally that MS lost its way. Apple uses open source. Google uses open source. It has been very successful for them. The same open source code is available to anyone to use, including MS.
But MS still has the same motives with regard to open source code. Embrace, extend and extinguish. Extinguish. That is not good for the consumer. MS for whatever reasons does not like the idea of open source.
MS is just a large copy machine these days. They just copy Apple and Google; they buy Facebook users. MS are not leaders anymore. They are followers. They have the cash to copy or acquire any competitor for many years to come.