I do believe I have found the source for the patch, but I'm not sure how to 
compile it:
http://www.law.cornell.edu/uscode/15/1.html
http://www.law.cornell.edu/uscode/15/2.html
http://www.law.cornell.edu/uscode/15/15.html

The key is not to directly attack Microsoft, but to sue the companies that 
grant Microsoft an illegal monopoly on the OS that runs on their hardware.
For example, the Dell legal policies, found at 
http://www.dell.com/content/topics/global.aspx/policy/en/policy?c=us&l=en&s=gen&~section=010#total
state "Application software and operating systems that have been installed by 
Dell may be returned only if installed on a returnable system, and only if you 
return that system within the applicable return period."
which is in direct contradiction to the Microsoft EULA, which states that the 
Microsoft product (which is an entirely separate product from the Dell computer 
hardware) may be returned for a full refund.

I am certain other hardware-sellers can be caught similarly.

-- 
Microsoft has a majority market share
https://bugs.launchpad.net/bugs/1
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