Patent law, by design, has always been a circular firing squad in the tech sector. In any sector really, it's meant to be a last resort against extreme foul play. It is understood that if one company files patent claims against another, there will be reciprocation, eventually grinding your entire industry to a halt. What is concerning in the Microsoft/Android case is that there has to be some fundamental weakness in the profitability of operating software engineering, as a business model, to introduce this sort of behavior. Microsoft is literally cannibalizing its own markets, and its clients. Since MS must know that, it's disturbing to watch them clutch at it to remain profitable, while they figure out what their actual, sustainable business model is going to be.
I imagine they feel justified, because FOSS undermined the profitability of software licensing and copyright monopolies, justifiably or no, and put it squarely into genuine software innovation and quality support services. So they are serving it right back to Stallman, in their book, by going after Android. But the fact is: Microsoft has neither innovation nor good support services any longer, and so they really are forced to eat themselves alive.
I would argue they never had those traits. They started up as Quick-and-Dirty OS, and that's all they've ever been. An expediency driving the ultimate commoditization of software and hardware alike. We all ran it because it was cheap (or free) and it worked (mostly). Now, with FOSS, the method of software is essentially valueless to anything but the furtherance of software itself, and the value is in what people can actually do with it. A hammer should not have a copyright, the act of driving in a nail shouldn't be patentable.
What's disturbing to me is what this says about the profitability of the entire sector, as it now stands, once you get past "boutique" electronics like Apple products, and into a larger, sustainable software economy and ecosystem. All the major software houses are in a scramble to find their own relevancy. In the end-user markets, the majors seem to have settled on "look and feel." But that's a failure too. If we keep trending towards patent law in this way, denying each other simple tools like a "menu grid of rounded boxes," "ribbons," "swiping a finger," or even the use of the word "app," everyone is going to suffer. Microsoft isn't alone in this one, not by a long shot, and it's hard to tell who started it.
But now that the battlefield has moved away from copyright and licensing, and toward patents, what we have is a very deliberate circular firing squad. Patent law is designed that way. It doesn't matter who started it, because in the same stroke they're all finishing it. It's like Jonestown. Do not drink the Kool-Aid of acrimony. That's cheap and plentiful, and deadly. It's a far better idea that we take stock of where we are, figure out where we're going, and carefully decide if that's really some place we can live.