For years I've argued against ridiculous software patents: While I'm a fervent believer of the innovation fostering environment provided by IP protection and rights, the stream of trivial software patents has reached a torrential pace. We're now at a point where it's impossible to create any software solution or website without infringing upon the trivial "IP" of hundreds of patent holders, leading to the unintended consequence that innovation is suppressed because of the natural litigation risk presented by patent trolls.

One of the more recent abusers of the patent system is none other than Microsoft. They're even patenting methods they're taking from other products now (sure, Microsoft's patent wouldn't hold up during the course of a real lawsuit, but few opponents would have the resources to even bring it that far).

Such a comment inevitably summons the Microsoft-does-no-wrong defenders who repeatedly declare that Microsoft is different, and that these were defensive patents. Microsoft, we are told, is just building a patent shield in case a patent troll comes gunning for them (ignore the absurd foundation of the whole "defensive patent" argument -- patent trolls seldom have any interest in cross-licensing, and they seldom have published products that a target can counter-assault with dubious patents).

Maybe not.

When Microsoft's growth curve seemed limitless, they overlooked casual piracy (which is how they gained dominance), had limited invasive copy protection mechanisms, and played nicely in the software development community. As their hegemony has faced real competition, some of it coming from the open source world (given that capitalist competitors were easy to squash), and their growth has been stagnant and has the potential of reversing course in the coming years, Microsoft has changed for the worse. Now they're enlisting jackbooted squads of anti-piracy teams, and infesting their products with activation and "genuine advantage" bugs.

Now they're starting to threaten competitors, and worse the customers of competitors, with their patent trolls.

The risk presented by Microsoft's so-called "defensive" patents is exactly what is happening. They've been offensive patents all along.

Expect it to only get worse.