I suppose what it really comes down to is whether I'm a direct competitor to MS. Any product can use the ribbon as long as it's not a "competing product", whatever that means.
In the context of my theoretical question, I would certainly be a competitor, and so I'd say it's too risky to use any kind of ribbon.
Of course in real life, whether or not you're a competitor isn't quite so black and white. I'd probably go with Option #2 for any product apart from OpenOffice.
EDIT
I watched this video and here's a quote from the MS lawyer in it:
"The license is not available for
applications that have the same
primary functionality as the 5
applications that currently have the
ribbon in office. That's Word, Excel,
Powerpoint, Outlook and Access."
The word primary gives the impression that a product containing a rich-text editor could have a ribbon bar on it, as long as the product's main purpose is different to Word. e.g. a version control system which allowed rich-text comments on checkin, would probably be OK. (I guess)