Linux isn't about winning
Linux isn't about winning the war against microsoft, Just like I don't build my hotrod truck to beat top fuel racers, we don't build linux for the purpose of beating anyone, we build it to get the job done that we need to. It just so happens that it has gradually been molded into a super souped up operating system, that is costing very little to run the 1/4 mile, compared to what MS puts into their beast, and we are getting better times out of ours ;-)
And although Apache isn't a company making server software, there are other server companies that are that will more than likely bring it to the attention of the DOJ. I just hope someone pulls their head out long enough to see that even though MS is in court they are still pulling things.