Plus, if MS sues, they’ll have to highlight just which parts of the Linux kernel violate their patents. Any code that might offends can be repaired in six months.
Or, one could hope, the process would show MS is not interested in 'fixing' violations but in strong-arming a revenue stream.
Maybe, maybe not. Software patents covers processes and methodologies so it may not be as simple as just rewriting the code a little differently to accomplish the exact the exact same thing.
This is the problem with software patents and patents in general in the digital age - they are too broad and too easy to obtain.
To illustrate how ludicrous the process is, a company called Gemstar patented the "idea" of presenting TV listings in a grid like format. All cable systems and devices like Tivo had to pay Gemstar a royalty to display the listing in such a format. Fortunately, this patent is starting to be broken.