Glyn Moody writes "Horacio Gutierrez, Microsoft's Corporate Vice President and Deputy General Counsel, has just published a piece called 'Apple v. HTC: A Step Along the Path of Addressing IP Rights in Smartphones.' In it, he notes that today's smartphones are all about the 'software stack,' not the 'radio stack,' and that 'as the IP situation settles in this space and licensing takes off, we will see the patent royalties applicable to the smartphone software stack settle at a level that reflects the increasing importance software has as a portion of the overall value of the device. In the interim, though, we should expect continued activity.' That 'activity' obviously means lawsuits against those producing those software stacks, and Gutierrez seems to be hinting strongly that Microsoft intends to join in. So where does that leave all the Linux-based stacks such as the increasingly-popular Android? Is this just a clever way for Microsoft to start a patent war on Linux without appearing to do so?"