It wouldn't totally astonish me if MS eventually settled, perhaps sooner rather than later. The fact that they gave a flat out blunt apology (as opposed to a non-apology apology: "we are sorry you feel that way") shows that they understand the seriousness of the error, and own up to it, even though the contractor did the deed.
From a legal perspective, I'm not sure that it matters whether the work was done by a contractor or employee. Whoever asked for the work to be done and paid for it is ultimately responsible for ensuring that it was done within the law. Certainly MS would be able to turn around and sue the contractor, but that's a separate issue.
