"There is a lot of discussion around the new Microsoft premise
to offer freely documentation about its protocols and interfaces,
and to not sue developers who use it to create code for
non-commercial goals, even if they violate Microsoft patents. Some
people think that this is done to avoid further pressure from the
European Commission. It could be so--but there could be also a
different rationale for it.
"The former approach of Microsoft--threatening to crush the top
FOSS projects by litigation--was stillborn. It was clear that the
total weight of the IT powerhouses behind The Linux
Foundation--IBM, Sun, Oracle, Google etc--is greater than that of
Microsoft, and that they will fight for it, knowing that this could
be their last opportunity to defend themselves. So, Bill Gates
didn't even try it..."