Anyhow nute the EULA will always triumph in the legal arena unless (a) it makes some ridiculous claim or (b) a special license is drawn-up for this specific purpose. As for the second part I don't see MS doing it. They have no reason to. Alot of the code would become FOSS which would be ultimately detremental to MS (for alot of reasons). As for the first even if the EULA did make outlandish claims the court would more then likely still allow the parts of the EULA which would seem reasonable and discount the unrealistic parts.
Bottom line is the core of the EULA would stand. As for ClamAV it's a completely different ball of wax. Windows users run OpenOffice, Firefox, and so many more FOSS every day. It doesn't violate the EULA because the FOSS software is still legally running on MS. Whether you get FOSS, PD, ShareWare, or a super-corporate licensed app MS EULA does not (and can not) forbid you from running FOSS on Windows. However, since Windows is CLSS (Closed Source Software) the EULA and for that matter patent/copywright laws will forbid you from turning Windows into a FOSS. So in essence something like that would have to be a user executed task. Similiar to the construction Pre-Install CDs like UBCD and BartPE. They can provide you with PE building software since this is not in violation of the EULA. But you still must provide your own Window XP CD.
Now I am really getting into this. And I wasn't intending to. But here it is. If we did what you proposed ReactOS could be bankrupt and broken within a week. With all the MS lawyers we would be drowned.
ReactOS is not going down any longer a road then BSD or Linux originally did. Honestly, ReactOS is doing quite well in comparison. Just the fact it had any GUI in under 10 years is amazing. The first experiments that lead to Linux occured somewhere around 1989. I remember because I got one of the floppies from a mutual friend I and Linus shared. It took about 3 years for the project to go play-thing to alpha in 1991. And that was only to get a basic CLI on floppy. The real fun didn't start happening till about three years after that.
