In reality Microsoft can't sue. Here is why:
- Open source projects have repeatedly told them, if they will point to the exact places the source code violates patents they will rewrite it so that it no longer is in violation. Microsoft won't do this for the day the code is fixed the day their fear mongering tactics have to stop. Fear is how they get companies to not support Linux.
- You can't pick and choose who you go after in the law. Many of Microsoft's own customers violate the same patents according to Microsoft lawyers. They can only sue open source if they are willing to sue all violators. They will never sue their own customers.
- Here's a good article called Ooh, ooh, the bogeyman is gonna getcha with his stupid patents. Or maybe not which has some more points.
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