I have not seen my sites penalized yet for the code. I have some good traffic and SERP results from MSN. Some of my sites I view in google analytics get most of it's traffic from MSN and I have not made any changes to the code.
I set up google analytics just on an index of a site to test and compare my other stats a couple months ago and that site was a victim of MSN's index page disappearing act. The rest of the pages are in MSN and get search results but the index page is still missing (still with google analytics on it) I think MSNdud said that index page issue would be solved but not for me yet. I don't want to remove google analytics cause I'm still using it and rank well with goo and yah anyhoo. In my sector I can't find anyone using the goo analytics on any SE results so nothing to compare to. Looks like MSN did do a major update yesterday but they forgot my homepage again ;)