Comment What MS is *really* trying to do here (Score 1) 324
Did you expect the press to immediately understand what MS is really trying to do here?
Here is my analysis: What Microsoft proposes is a change that will make the software patents problem worse rather than better, by encouraging hackers to play a new kind of software patents lottery, by filing software patents, and then trying to sell licenses for those patents to Microsoft. Microsoft will then buy licenses to those patents which could be relevant to Microsoft's future products. This initiative is targeting specifically businesses for whom the relatively small patent filing fees are significant, i.e. businesses who could never even dream of filing a patent infringement lawsuit against MS. That means that the chances of MS to essentially dictate the price and other terms and conditions of those patent licenses wouldn't be too bad. I'm sure that the license contract would prevent the patent holder from also licensing the patent to third parties under terms which are compatible with the idea of Free Software. Besides this nasty side effect, the benefit of this scheme to MS is that MS would be able to buy patent licenses relatively cheaply *before* releasing products which infringe those patents. (Buying patent licenses is problematic for MS only after MS has already released a program which infringes the patent, because in that situation the patent holder has a strong negotiating position).
If this strategy works out, it'll give MS a huge edge over every other software company, essentially granting a permanent monopoly to MS. MS is willing to share part of the monopoly rent with some small software businesses by buying patent licenses from them.
