As a software developer and small player in this market i must agree. I don't use Microsoft's products, nor I make living from selling/using them, but that doesn't change the fact you can't criticize Microsoft for playing the rules of the game.
However, what you can blame Microsoft for is not trying to change the rules. They seem to be happy with things the way they are. I won't bring quotes from Bill Gates from past saying software patents is stupid, just go and google it.
The same applies to IBM and other big vendors, possibly with the exception of Sun and Novell (but go and figure out how these two ended up...).
These companies lobby very successfully in favor of software patents. They act together, as a team. They profit from their actions and other companies suffer. I can't think of different way of naming it than a CARTEL.
They are doing this different way than other cartels do. They are not fixing prices, but use law system to enforce their privileged positions and make life of other companies much more difficult and - most important - expensive. This means their products are also more expensive, and here is real intention of having software patents system in place - not to allow new players to enter the game. This is a cartel, but I don't know if EU/US governments will ever realize it.