MS are not "as much a victim" as the guys in Ogg. Xiph are having FUD* spread about them that will cost them their business. Microsoft is paying an extremely worthwhile fee to ship h264 support with all of their products (eventually).
The other victims are Mozilla and Opera, who ultimately cant afford to pay the fee for h264. (And I suppose all free operating systems too)
Software patents are dreadful (I wont speak about other types). When they came into existence they were about making innovators share the details of their inventions in the public domain (in return their invention would be protected for a period of time), but software patents (id like to add particularly apples, but thats only because those are the only ones ive looked at) you dont need to read the patent to learn a damn thing.
* and it appears this fud is being spread by apple and not only microsoft? this isnt a shock to me, but gives apple fanboys something to think about. If Ogg/Theora violates patents, FILE A LAWSUIT, this "oh, we think they violate patents" scaremongering is fucking disgusting. Btw, xiph make an active effort to ensure details do not violate MPEG/etc patents last time i check (just as MPEG ensures they patent every detail), of course youd expect apple and the rest to open their traps not even when the codec is released, but well after and during a war for the standard video codec of the web.
btw and offtopic, i think video codecs are a very interesting subject and since i study maths i intend to spend time studying video codecs during the summer. I'm an amateur on the topic, but i have some things I want to see about.