And even if they were, we don't know what Apple intend to do with the patents - they can either sue OSS practitioners over infringement (and lose serious amounts of kudos) or grant the OSS community immunity from prosecution.

We're pre-judging Apple here - IBM have been granted thousands of fundamental software patents, yet they have handed over several hundred patents to the OSS community. Who is to say Apple won't do the same? Maybe Apple are claiming the patent before Microsoft do - who would you rather held the patent, Apple or M$?