it would seem they know they do not have legal standing based on the amount of effort that went into making this a PR campaign. they seem to be attempting to force Apple's hand outside of the court.
Seems unlikely. Microsoft lost with a far more open situation than what Apple's got.
Given that you have a complete misunderstanding of why Microsoft lost their case I don't think your opinion holds much weight.
There is no law that says a platform must be open.