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I just literally wrote some software to work and I probably violated some patents doing so. However, I don't care because the chances of whoever is offended finding out is next to nil. Software is going to get written with or without patents because in general enforcement sucks, largely because its very hard to know how software was written without getting to the source code.
If you write the software probably nobody would care. If a company like Apple did it, and tried to market it, since they would be able to compete against Microsoft, they would be noticed and a lawsuit would happen.
Heck, look at linux, there are likely many patent violations in that project, but it keeps happening anyway. It may not seem logical to you, but there you go. Also, this has nothing to do with microsoft's position in the late 90s.
It's not worth it to sue them because they have such a small market share. And besides, all you say is "likely," not that there are patent violations.
Ultimately though, since you seem to know nothing about what actually happened, I suggest you educate yourself beyond lew rockwell and mises and look at the real world before you bring up issues you don't understand.
peace out.
Or you could, you know, respond to their claims rather than just writing them off. That's usually how debates work.