unconventional battle tactics
The reason Microsoft doesn't come out and openly attack OSS with these patents is because they know they cannot. In a fair fight, OSS would win (SCO anyone?), and Gates et al. know this. So instead, they are waving around the unspoken threat of IP infringement, and scaring well-meaning companies into the Microsoft tax. As long as MS defines the rules of the engagement, they have the upper hand. I believe someone needs to force them out in the open, and make them reveal the so-called "infringements" in a court of law. I'm no lawyer, so I don't know how this could be accomplished, but I believe it would be best for the OSS community.
Biting the hand that feeds IT
