The FRAND debate has been inadvertently dealing with whether software patents have backdoor-like legitimacy around the whole world. FRAND opposer Judge Posner [1, 2, 3, 4, 5] did the right thing, seeing perhaps how the Microsoft-Apple patents alliance uses FRAND against Google/Android. Now we see those two companies in cahoots more clearly than before: "Microsoft's Amicus Brief in Support of Apple in Appeal of Posner Ruling - A Change in Tune on Injunctions"
Microsoft has now filed an amicus brief in support of Apple in the appeal of Judge Richard Posner's ruling in which the judge tossed out both Apple and Motorola's claims with prejudice, saying neither had proven damages and saying injunctive relief when there was no demonstrable harm would be against the public interest. Interestingly, Microsoft here argues in its brief that the judge didn't rule out injunctive relief for FRAND patents.