Is it really an issue? WinRt is a new platform and if I remember correctly, in the beginning you could not code against anything but the Dalvik VM on Android (that's Java) and iDevices could only be programmed in Objective C. The way I see technology moving anyway is that with cheap boards like Raspberry Pi and other cheap hardware like that, within 7 years, people will be able to mix and match components and build their own tablets just like they build PCs today. Within 4 years the vast majority of Shanzhai tablets will have more than 7 hours of usable battery life AND will be able to accept alternative operating systems like Puppy Linux, Debian or Firefox OS. By that time the new frontier will be wearable smart glasses, but how fancy does humanity need to get for cheap,ubiquitous portable computing? Windows RT, iOS and to a lesser extent, Android might be less relevant by then. Especially when you can run an IDE like GAMBAS on a humble Raspberry Pi with Linux.
Don't get me wrong, I'm not a Linux fanboy; I like Windows too but the industry has a better chance of using a commodity OS than paying royalties to Microsoft for every Android device sold, like some manufacturers are already doing, or even paying $30 per device as in Apple's wet dreams...
As far as I know, the payments are for Android-specific features that those devices use. I don't think it has ever been proven that Linux infringes Microsoft Patents. In fact Microsoft contributed code to Linux and continues to do so (81980085). If there are violations, the most serious are about some FAT/VFAT patents and the Linux developer community can come up with alternative filesystems on solid-state disks.
<< But he does break down the total number allegedly violated - 235 - into categories. He says that the Linux kernel - the deepest layer of the free operating system, which interacts most directly with the computer hardware - violates 42 Microsoft patents. The Linux graphical user interfaces - essentially, the way design elements like menus and toolbars are set up - run afoul of another 65, he claims. The Open Office suite of programs, which is analogous to Microsoft Office, infringes 45 more. E-mail programs infringe 15, while other assorted FOSS programs allegedly transgress 68. >>
So who must they sue? Right now, I'm sure Microsoft enjoys being perceived as less lawsuit-happy than Apple.
There's no point in using lawsuits to shut down someone you don't feel threatened by. It's bad press and a waste of money. Microsoft removed Linux from its list of threats [1] this year, and it's questionable to me if Linux was ever a threat to Microsoft's profits. Microsoft is unlikely to sue Linux developers in general for the reasons above, but once something rises above and becomes a threat (Android), they'll bring the hammer down.
Whether or not these patent claims are legitimate or not, some Android vendors apparently found that it was more cost-effective to license rather than battle it out in court.
Don't get me wrong, I'm not a Linux fanboy; I like Windows too but the industry has a better chance of using a commodity OS than paying royalties to Microsoft for every Android device sold, like some manufacturers are already doing, or even paying $30 per device as in Apple's wet dreams...