I can't have any sympathy for them in a case like this.
If Microsoft felt it was a victim of software patents, then it would be lobbying Congress and industry to abolish software patents. Instead they make rumbly noises at Linux over supposed patent violations, and continue to amass patents. "For defense only." Yeah, right.
I'm not aware of Microsoft, or any other large patent-holding tech company, being known for advocating against software patents. Microsoft certainly has the research dollars available to show harm to itself or the industry, if that's the case. Yet they don't do that.
So Microsoft must believe that, on the whole, they're better off with software patents than without. So I have zero sympathy for them.
Unfortunately Microsoft still benefits from software patents. In fact, Microsoft benefits from losing a few hundred million dollars each year in software patent cases.
Microsoft is a big monopoly that has a lot to fear from startups. Startups are the companies that have to negotiate the software patent minefield. Keeping the minefield dangerous benefits the powerful established player.
The ideal thing for Microsoft would be to increase the craziness and lose a billion dollars a year to obviously non-innovative software patents. That would really discourage innovation and inventions and keep the position of the largest monopoly in the business secure.
Our software patent system really only hurts and restrains small businesses and actual inventors. Big business that wants to block innovation is the beneficiary.
I'd really like the exact opposite. The sooner every company supporting patents is hit with lawsuits and the sooner we get to the situation where noone can publish any code safely, the more chances there are for patents to be rejected. I hope that someone will emerge one day with a collection of patents for base Windows, Unix and Mac functionality, successfully enforce it and refuse to license. One can dream...
Well - they don't have unlimited resources. It might be just some loose change the first time. Losing the lawsuit a couple of times wouldn't actually go unnoticed. Especially if they would appeal all of them two times.
