#4 and soda, you are both ignoring the "good cause" clause... or at least soda is... So in fact, soda, your example is less subtle and is permitted by the settlement despite Gates' claim that he has no idea what "good cause" means.
As for the OpenGL example, #4, you point out why it's a bad example--you are constructing so that now there is only one little piss ant application using OpenGL and making it bad software in your claim--if that was truly the case, they could also probably drop it as a good cause since there would be such small usage.
Of course, this ignores the fact that the 3D market and CAD and architecture and numerous other industries are much more beholden to OpenGL then they are to DirectX which is primarily a game API--in comparison to OpenGL...
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