Wake up and smell the coffee BB. If they don't at least attempt to patent it, and someone else does they will get sued for using it.
No. If MS didn't patent it but used it first, then they can win based on prior arts. You can't patent something that's already in used. I think software is patentable, but man, reading about some of the algorithms that have been granted, it makes you wonder
if we need software patent reform. It'll come down to somebody patenting something really simple, somebody big uses it, got sued, but wins, then the laws can be changed.