Microsoft suing Linux users would be like GM suing me because the other brand car I bought infringes a GM patent. The other brand would be GM's target, not the users. Microsoft's problem is that nobody is actually selling Linux - it's free. Redhat and the likes are selling the package, not the software itself.

And according to what Gutierrez told Fortune senior editor Roger Parloff 'This is not a case of some accidental, unknowing infringement. There is an overwhelming number of patents being infringed,' making it sound treble-damages expensive. Well, not filing suit is a pretty notion but given the level of Penguinista intransigence it's hard to see how Microsoft can stay out of court and not be called a girlie man, accused of being all bluster and bluff signifying nothing. The copyleftists are already calling it out and daring it to sue.