Not nearly in the same context as Linux is a copy of Unix. Nor are there employees working at Apple giving their code to Microsoft to use in Vista, Microsoft actually had to write the iPod software itself from what I've heard. Nor would that be a transfer to a foreign government. China based their "Red Flag" software on a direct copy of "Red Hat" which is based in North Carolina. Not as if you didn't know, but especially to claim Vista is a copy of OSX as a defense in this context is far from the mark.
Microsoft had better watch out for what patents SQL Server violates. IBM is also a member, and they have more software patents than anybody else.
Yes IBM has history of aggresively using software patents, just as with their recent suits including one against Amazon which was settled in IBM's favor. Microsoft doesn't have a history of aggressively suing others, but I would think this would be an appropriate moment from their perspective, would you not? With IBM launching its own patent suits seems like the opportune time actually.
Linux is a copy of UNIX in a more legitimate way. UNIX is a published specification (actually a set of them, depends on how you define "UNIX"), free for anyone to implement. Microsoft even implemented POSIX in NT, as do most operating systems, at least partially.
What'll really burn you is that the official name, POSIX, was coined by Stallman.
Nor are there employees working at Apple giving their code to Microsoft to use in Vista
No, but if Apple wanted to let them it would be fine with me. It's their code, their right.
China based their "Red Flag" software on a direct copy of "Red Hat" which is based in North Carolina.
With Red Hat's permission. Of course, what gave the Chinese the right to do that is also the only reason that the Red Hat corporation exists in the first place. Would you rather those American jobs not exist?
Microsoft doesn't have a history of aggressively suing others, but I would think this would be an appropriate moment from their perspective, would you not?
They're getting desperate. But they'd better be careful because, as you said, IBM likes to enforce its patents. A patent suit against any Linux vendor risks IBM pulling out the likely thousands of patents that could cover Microsoft products.
And as far as open source only copying, then why is there a project for open source as prior art? I followed one example of invalidating a software patent, and it referenced numerous examples of open source software as prior art.