So, it's unclear because the details on the legal instruments used to effect the patent transfer don't see that clear. (If anyone has a link to it, i can't find it) The requirements seem very clear: A. pay azure 1000/month

B. get sued for a patent you aren't being indemnified about (which are the open source ones)

C. be able to use an MS patent for defensive purposes in a counter-suit.

Note that only exclusive licensees of patents could do C, so it must be some kind of transfer.

Without seeing the instrument, it's hard to see what the loop holes are, but at the very least, it seems like you could very cheaply tie up these 10000 patents forever.

1. Build 20000 shell companies 2. pay azure 1000/month through 10000 of them. 3. Acquire 10000 worthless patents not in the area of open source, distribute to half the ones not paying. 4. Sue the 10000 that are for patent infringement. 5. Pick 10000 microsoft patents to counter-assert 6. Sit in legal limbo forever 7. Repeat as necessary

Cost: 10 mil.