I think it could very well be, but the interesting observation is from the people who perceive the action is criminal on Microsoft’s part, would must surely hit the headlines from a Business Analyst point of view?
Submitted by asmiller-ke6seh on March 6, 2009 – 12:56 P.M.
It sounds like Microsoft is knowlingly counselling the violation of an existing contract which their patent licensees have previously committed to. This could put Microsoft in violation of such federal laws as Taft-Hartley. Microsoft may find that this ends up being a nuclear option, and not a good defense.
And the most interesting comment I found to be this one:
Time to Sue or Prosecute MS for racketeering
Submitted by Marty on March 6, 2009 – 5:38 P.M.
If M$ entered these deals with non-disclosure agreements, knowing that the non-disclosure is intended to hide their licensee’s violation of GPL licensing, then it sounds like Microsoft may be guilty of collusion and racketeering. Whoever is responsible for protecting the patents and licesning for GP licenses should sue MS and ask for a big-time punitive settlement. And the gov. ought to look into possible criminal implications.
http://blogs.computerworld.com/linux_companies_sign_microsoft_patent_protection_pacts
&
http://digg.com/linux_unix/The_Real_Reason_for_Microsoft_s_TomTom_Lawsuit