While it's true that software patents haven't been around very long, MS got to be where it is by using the legal system (e.g. getting around Apple's interface innovations and bringing out overlapping windows in Windows 2.x when the license from Apple (supposedly) restricted them to panes; the "look and feel" battles; MS's per-system contracts; etc.). It's hard to believe they'll give up any cudgel even if it does cost them more than they get in license fees.

Plus, it's hard to believe that IBM will give up its software patents easily.

IOW, unless Gates and Ballmer and the rest are removed from MS's leadership and board, it's hard to imagine MS embracing FOSS principles on software patents. IMHO, anyway.

Cheers,
Scott.