Any of their own code they may have released was done so voluntarily as part of a settlement, as any suits are never about their own code, but code written by others. NOBODY but the government can force you to release any code (and even that's apparently difficult), since it belongs to you.
Cisco, for example, could have dumped the GPL code in its routers, replacing it with a stripped Cisco OS, paid the copyright holders for its violation of copyright in units already shipped, and issued a recall with non-GPL firmware. It would have been expensive and painful, but that's what happens when you violate copyright. They would have received no better treatment from Microsoft.
At least with the GPL they have the option of releasing the tiny bit of software they own (the wireless driver compiled into the kernel) to make it all go away.
Blah blah blah, your claim they could pay off the FSF was wrong, and you said it was an option.