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That background was apparently a fairly complicated project:

I'd always assumed it was a render or a drawing -- it never occurred to me that there would be photograhs involved! Thanks for sharing.

They didn't even need to copy the default background. People customize their Windows wallpaper all the time.

If anything, I would say that continuing to use the default wallpaper instead of changing it to a picture of your kids, your dog, or some cool scenery makes you look even more suspicious. It makes you look like you're not quite at home with the device you're using.

Where I work all devs on windows users have the default wallpaper.

I never change wallpapers... who cares. I mean, you always have a window covering it.

They could distribute the script and ask their users to drop the copyrighted assets to a set location by themselves.

The icons are pretty devoted lookalikes too, which makes it complicated.

It totally will. I mean, we all have different stances on how copyright should work, but if anything's a copyright infringement, this is.