The analogy has me thinking about how real mob protection rackets are dealt with (well, at least in the movies). The individual small business owner can't directly fight back, they have ties to the community that they have a real chance of losing, just like a software house that want's to be able to operate in the U.S. can't just up and leave or afford to fight back. The consequence is a legal equivalent of having your shop burned down. The only real power that can fight this kind of collusive power is that of public opinion. Other commenters have already mentioned this, but we cannot dismiss it because Google is an unsympathetic giant, we have to do something because you and I are the ones in real danger.
We don't have pi billion dollars to hire lawyers or bid on patent bundles, but we are the small guys, the rags to riches, the huslters, the american dream. Software patents are a lie invented by old people to stomp out innovation and maintain the status quo. If anyone can make software patents sound bad and get sympathy it's going to be us. We need to find a way to make these issues matter to people, to put it in their minds and tug on their heartstrings.
I don't know how to do it as an activist, but I bet we could do it as story tellers, as bloggers and media producers. We are the generation building the products and services of tomorrow, we know how things should work and what we want things to look like. In my opinion, we need to produce some pop culture. I've watched a lot of crime drama's, what's to stop us from making a biz drama with the same human impact but set in the context of the information age rather than NY city streets.
Even Google can't fight on their field, what chance do we have going head-on against money and greed. Our best hope is to use the most powerful weapon we have, public opinion.
But Samsung is a big company. They should join B&N and Motorola and go to court with Microsoft. This will get others to do the same. It works both way. The more of Microsoft's patents get invalidated, the better for them in the long run anyway, because not only will Microsoft double the price next time, but others will start looking through their patent database and see if they can use anything to get a license fee from Android manufacturers as well.
People might start thinking about demanding change when the new Sony Awsoma 4d tv is available everywhere but here.
You can boycott companies that abuse the patent system the most. Patent trolls don't have anything to boycott of course, but Microsoft definitely does.
I refuse to use Windows, XBOX, Windows Phone, etc., and I do my best to influence my non-techie friends and family to do the same. If enough people that understand the dangers of software patents do that, it will have an impact on Microsoft's bottom line, and potentially make it change its ways.
For those that say "Microsoft is just playing the game, we need to get lawmakers to change the rules," the fact is that software patents exist because major companies like Microsoft support them. If Microsoft, Apple, IBM and Google went to Washington DC tomorrow and opposed software patents, they would be undone.
This actually happens, only replace "software company" with "pharmaceutical company". Johnson & Johnson and similar pharmaceutical companies makes it very hard for people to get cheap medicines by greedily enforcing their patents, which are more legitimate compared to most software patents. These pharmaceutical also lobbied and were rewarded with laws(masked as safety precautions,) that prevents the importation of cheaper medicine from Canada. Let's face it, this "protection racket" is a billion dollar scam that's only going to end by infiltrating the powers that be. When all the major players: Google, Apple, Microsoft, Sony, Sun, and Oracle decide that this nonsense must stop and copyright laws are sufficient, the protection racket will end. They have the money and influence to make the change.
2) ask them to lower the barriers to invalidate patents. many big companies including apple, google, microsoft would support this as well.
3) ask them to raise the barriers for granting software patents. many big companies including apple, google, microsoft would support this as well.
Also, patents did start to hurt the financial industry, and they simply gave them special powers to fight the patents, instead of overhauling the patenting system or abolishing them for everyone's benefit (except the patent trolls).