I think you're underestimating the intelligence of the judge in question.
The judge clearly wants a reform on the whole thing, and the quickest way for a judge to get things changed is to get a high-profile victim, with a really obvious case, and rule to the strictest sense of the law, to show people how stupid the law is.
He did right in judging this way, if he wants the thing changed, what better target than M$ who most likely have a lobbyist working for them.
The 3 way system of power within government is a great system, but it makes it hard for judges to point out when laws are stupid and should be changed without victimizing people under the old stupid law.