If you're following this blog and have paid attention to other tech news, you're probably wondering why I haven't yet commented on Apple's iPod patent fiasco. The reason: it isn't news. I have purposely waited until some sense began to manifest itself before even bringing it up, rather than add to the doomsayers' cacophony.

The bottom line is this: Apple applied for a patent which relates to the iPod's user interface. A few months earlier, Microsoft had filed for (and later obtained) a patent which the US Patent & Trademark Office determined was similar enough to preclude approval of Apple's application. The resulting headlines over the last several days have declared that Apple will now have to pay licensing fees to Microsoft on each iPod sold, isn't this beautifully ironic, blah blah blah. Indeed, the 800-lb gorilla even released a pompously terse statement saying that they have a long-standing policy of licensing their patents to others.

Except Microsoft isn't going to get any of Apple's iPod revenue. Here's why: (1) The iPod was already on the market for a good while before Microsoft filed their application, and this will have a bearing on the outcome of all this. (2) Apple may file an application which is varied enough from their first application to receive the patent, yet still protect their invention. (3) The fat lady has not yet sung. There are opportunities to appeal, of which Apple will avail itself.