It is destructive either way. And Apple is a whole different story and I won't get into it. I think mostly my opinion is that Software Patents are destructive

It is destructive either way. And Apple is a whole different story and I won't get into it. I think mostly my opinion is that Software Patents are destructive to the industry. It limits innovation. The tactics that Microsoft is using to compete in the Smartphone market, are smart, but evil nonetheless. Now like you said, this won't affect Android's growth. But this is because is a a battle of giants. The problem is that these kind of tactics set the precedent for Microsoft or other company to do it again and even worse, to become the standard. These kind of tactics used against start-ups for example, is effectively killing them. Patents right now are being used mostly to destroy competition not to embrace it. The tactics that Microsoft is employing, while legal, are not good for innovation, and are not good for the industry. Of course I am assuming that innovation is the fuel of the industry, but I might be wrong.