Copyright infringement is a civil, not criminal, law. It's up to the copyright owner to sue, if he wanted to. Not that it would do much in this case -- worst c

Copyright infringement is a civil, not criminal, law. It's up to the copyright owner to sue, if he wanted to. Not that it would do much in this case -- worst case, a judge places an injunction against Microsoft and they're not allowed to distribute the utility. The author would have a very hard time proving damages, since both the original code and utility are distributed for free.