If Google gives MS the API’s they can oblige them. Otherwise – its fair game.
Microsoft isn’t intentionally avoiding the ads, but if they are the best way to prove it would be for Google to share the APIs. If they don’t then they have no grounds to complain.
You are right – Kellog should sue Nyan Cat and Keyboard Cat – for using a POPTART which actually IS copyright protected :o – How do you like your hypocrisy now!? HMM? HOW DO YOULIKE IT NOW?!!!