This is not the case.

Microsoft, by witholding the source, would be violating the copyright held by the people that wrote the OOM killer. They could then be sued by the copyright holders, and forced to seek settlement or ordered to pay damages - just like IBM could sue them if they lifted code out of AIX. It is very unlikely that a court would force them to license Windows under the GPL as a result.

I suspect their state can throw them in jail, but their vote stands.

Yo dawg I heard you like magnifying, so we put a gravitational lens in your gravitational lens.