The challenge of all this is that while everything going on looks totally bonkers from any normal sense of business, it’s hard to argue that the board isn’t following their charter. IMHO the mistake was setting up the structure the way it is and expecting that to go well. Even with MSFT they are obviously annoyed but also they have shareholders too and one reasonable question here is what the heck was Microsoft’s leadership doing putting billions of capital at risk with this entity that has such a wacky structure and ultimately governed by this non-profit board with a bizarre doomsdayish charter. Seriously if you haven’t read it, read it.

This whole thing has been wildly mishandled but there’s an angle here where the nonprofit is doing exactly what they always said they would do and the ones that potentially look like fools are Microsoft and other investors that put their shareholder capital into this equation thinking that would go well.