I tend to agree with the sediments
In other words you ARE a bottom feeder.
You file the counterclaim that is provided for in the DMCA, indicating that to the best of your knowledge you are not infringing copyright. The ISP must then put the content back up If the copyright holder still wants to pursue the matter, it is up to them to take it to court.
Nevertheless, at THAT moment the legal exposure and costs become quite real. What we need is a private consortium of fair use defenders to fund these counterclaims, or something like it, to even the scales of power.
Here's a good conspiracy theory: Are they really paying money, or did MS say "Hey, if you "pay" this licensing fee for Android, we'll return it to you as credits on Windows Mobile licensing fees".
So Microsoft gets to spread FUD and tell everyone "Hey, these other guys paid up, so should you", while the companies may not be paying anything.
Since MS tried to require an NDA and confidentiality just to disclose the patents (which are already in the public domain), I wouldn't be surprised to find that they had some backroom deal to reward companies for paying for Anrdroid.
This is what I've been thinking from very early on.
"The major manufacturers would have only come to terms with Microsoft if they came to the conclusion that in a drawn out court battle, Microsoft would win."
I disagree. The terms of these agreements are never disclosed. I think instead of confining your analysis to just the results of a potential court battle, you need to consider what else might be thrown into the mix. It could just as well be that Microsoft is offering more than just indemnity for the licensing money. It could be a sweet offer we know nothing of, which allows Microsoft to continue to get press about the "cost" of using the Android OS.
He who steps on others to reach the top has good balance.