Not to mention this group is also ready, on standby 24×7 globally to rewrite any code that is perceived to impinge on any of those patents. It's a matter that this group will never license Microsoft's patents period, so if Microsoft says they are infringing, the question is where, we'll fix it. They'll just fix anything they may have legitimate Microsoft claims (which gets Microsoft no closer to obtaining a license that they want)… Legally, Microsoft would be stuck trying to sue for past infringements, but on a go forward basis, they'd have nothing to require an IP agreement b/c any issues would be quickly fixed. SCO was the first to try out suing their customers… that ended where…

In the end, it's difficult to obtain a license agreement from a community that intentionally does not want to be held accountable or restricted by any IP that belongs to a single vendor (especially Microsoft)… hence the Linux community relies on the Patent Commons, OIN, etc. Assume someone closer to the community (i.e. IBM, Intel, HP, Hitachi, Motorola, Red Hat) required everyone using Linux to obtain a valid, restricted license for use on a patent from them… I suspect that same situation would apply.

Companies today are likely infringing other companies patents every minute. Not to mention, patents are global – a patent may apply in one country, not in another, and then be found invalid in another. Some companies in the tech industry don't even bother trying to figure it out and just reach cross-license agreements with other large vendors in the industry. If Microsoft files 4,000 patents this year… have you checked whether Redmonk.com violates any of them?? Would you?? How could you ever keep up? With hundreds of thousands of patents being file each year, 238 patents is nothing – especially when roughly 5% would probably make it passed the first round of scrutiny.

But Microsoft knows all this already; yet they use the language. Right now their "return on the patent portfolio" is the benefit from the fear, uncertainty, and doubt that they inject into customer base. They hope that fear will compel other Linux distributors into licensing as well… but good luck, Oracle, Red Hat… don't see that coming anytime soon.

1. offer Ballmer's, Smith's, Guiterrez' and Hilf's heads on a silver platter (figuratively speaking), and

2. stop being a patent troll that's trying to extort cash from their customers & competition alike on baseless claims, and apologize for it, and

3. extend the OOXML patent pledge to cover all software patents held by Microsoft.