I know. My current project goes near 4 claims on 5 patents, till now (I don't make infringement, but still have found myself near some mines). However my point is that you can't blame MS for this, but the patent law. Either change it, use it, or remove it. You have 3 options.

Most users here are saying that "ethically" MS is doing wrong. This is not an ethical issue, it's a legal one (MS isn't the only one, recently Apple, Nokia, etc). The problem of patents it's been around for decades, or at least years, why haven't anyone fixed it. America is a democracy, right? Now go and change the law, if you can.

Or, wait for a replacement of the current patent system, I think it's only a matter of years, now.

EDIT: Of the 5 patents I was talking about, none of them use the invention on an actual product.

EDIT2: clarified 2nd par.