I completely agree that this is marketing fodder by Unisys. But it is also corporatism that will prevent this from ever happening. Logistically, it would not be that difficult to shut off the internet for 95% of Americans. First, there are a finite number of physical cable trunks entering and leaving the U.S., and the FCC knows all about where each and every one of them comes ashore. The number of companies with independent inter-city backbone capacity is probably fewer than 10. (Level 3, AT&T, Verizon, ???). But, the fact remains that each of those networks -- no matter how regulated -- is the property of a corporation that has every incentive to protect its property from undue government control. These are the interests (with deep pockets) that will finance the 5th amendment litigation that would ultimately apply the Constitution.

The two things I worry about more is (1) the individual rights with no corporate interest to back them, and (2) when corporations aid and abet the government's violation of those individual rights (e.g. turning over vast amounts of consumer data for government data mining, or allowing the government to tap your customers without a warrant, etc. etc.)

As soon as the government puts a "kill switch" on the current network, someone will have a strong incentive to build a new one the government can't kill without physical violence. Information wants to be free, and the internet is beyond the power of even the U.S. government to ever contain.

Of course, anyone who thinks they can "design-around" a patent will claim that the patent is not actually "necessary" to the desired function. In order to enjoy this "promise" you have to confess that the only way to achieve the standard is to infringe on a valid MS patent.

Another potentially worrying point is this exception:

So..., anyone who even "participates" in a patent suit against MS (including, presumably, a patent suit filed by MS), loses protection for not only their own products, but anything they "use." For example, if FSF got into a dust-up with MS, MS could still claim infringement by FSF (or anyone else) for using Mono, even though MS has chosen not to pursue the authors of Mono or other Mono users. Referring to it as a "personal promise" also calls into question its applicability to businesses/organizations.

I am being overly paranoid, but the fact is, like so many other legal "promises", the value of this one will only be seen in the implementation. As a cynical lawyer, I don't see anything here that absolutely precludes MS from asserting infringement by Mono or any other OSS project. If Microsoft truly wanted to be benevolent they could easily make a much broader promise with less grey area. For example, they could name the patents that they claim to cover the specs in question and offer royalty free licensing, or make a non-assert pledge with some actual teeth. All they are saying here is "we probably, maybe won't sue you unless we do."