Before we derail too hard on this article, I would like to take a moment to point out that there's an article ranked higher about how Apple's suing Amazon over the term "App Store"... not like they've sued Microsoft over the term, too. (Also on HN somewhere.)
So, it's not just MS who sues -- but lest we forget, TC needs to be provocative and incite us to be persnickity. That's some high-quality bloggin'.