This is from the Testdriven.net website:
http://weblogs.asp.net/nunitaddin/archive/2007/05/31/microsoft-vs-testdriven-net-31-may-2007.aspx
The comments are definitely worth reading also.
I guess this one is a very common point of view which makes sense:
You can't win a legal fight with Microsoft. You'll probably be out of business before it even goes to court, because the legal fees will bankrupt you. In addition, your income (TestDriven.NET) will go down massively, because who wants to buy from a small company that is in a legal fight with Microsoft? No one wants to buy from a company that will be gone in a few months. Also, the intellectual property to your program is owned by your company. If you lose the fight, Microsoft might just take the IP over and shelf it away, and then you won't have access and can't use a single line of code of it anymore.
Fighting this is a huge risk for you, probably one that will cause your company and product to die. Is a fight over principles really worth that?
I would get your lawyer to send Microsoft's lawyer a letter which says that you'll sign if you get a letter stating that your product is not violating the EULA for the non-Express SKUs for VS 2005 and Orcas.
Now here's the Microsoft's point of view on this.
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