The problem is that current software patents don't involve labor or unique ideas. It's not really a technology to look at the fact that windows needs activation and write a patent that covers pre-activation. The patent contains no "technology" or invested "labor hours" that reduces Microsoft's development time in creating their own pre-activation method. Software patents are just general ideas without a method. Such as writing on a piece of paper "device used to communicate via sound across long distances" without any example of a device. Then claiming you own telephones, cellphones, modems, cds, cassette tapes, records, loudspeakers, radio, tv, etc. Without developing anything that helped make any of that work.