I don't think that settlement applies to this. The OEM part of that lawsuit, from my recollection, hinged on the fact that Microsoft's OEM licenses required that the OEM limit the percentage of computers they sold without a Windows OS pre-installed. I don't remember there being anything about how OEMs use their APIs.
I think it would be perfectly fair for Microsoft to require OEM licensees to not use that feature for shitware installations. I can't see how that would fall afoul of antitrust or related regulations. Maybe I'm wrong though, that was a while ago and it wasn't my specialty when I practiced law.
