☞ Settled but not cured
By webmink on Dec 16, 2009
Well worth reading to understand Microsoft's world-view. Sadly Smith wasn't asked about the "patent promise" I mention below, but this interview helps us understand why Microsoft believed IE was important (developer APIs) and why they love "interoperability" (because it was the keyword for release from 12 years of investigation).
The long war is finally over, without really correcting any of the injustices but with a few small concessions from a Microsoft that wants us to think it is contrite and changed. But the FSFE is right - the Microsoft "patent promise" is roughly useless for open source communities as it only gives protection for non-commercial uses; the very essence of open source is the alignment of fragments of (usually commercial) interest by many community participants. This should be the first thing Microsoft's new head of open source addresses on appointment, but to do it will be tough since it will take air-cover at the highest levels to address.
There are more layers to consider, but this short opinion piece pretty much sums up my view.