Methinks he does not know what he is talking about..
Given that the full Win32 source code, minus the network stack, has been out in the wild since at least 2004, and without any copyright notice headers in any of the source files either, people are free to use them as they see fit. And it doesn't look like the MS copyright header notices were stripped either. There are a bunch of third party company header / source files in the 350MB odd of files that are part of the build stack and in those files the standard company copyright notices are still in there. Like from Adobe.
https://www.theregister.co.uk/2004/02/13/ms_windows_source_code_escapes/
That\s US I.P law 101. You want to pursue an infringement, you gotta at least stick in the copyright notice and preferably register it too.