THAT is the Apple multitouch patent that the industry holds as fearsome. No one gives a shit about the Fingertouch patents.
I believe that software patents are overwhelmingly farce, whether they support Microsoft in attacking Apple, Apple against Samsung, Samsung against Apple, or any of various IP ventures against App Store developers. It is not a position that varies based upon the actors.
The pro-Apple lobby, however, has a position that essentially holds Apple's patents as legitimate and righteous to enforce, but everyone else's as illegitimate for various reasons. It is farce to criticize lodsys and others for entirely legal IP protections -- as the system supposedly encourages -- while supporting Apple and their like behaviors. Whether a company is open to counter-attacks is irrelevant to the legitimacy of patents.
Virtually everyone who interacts with HN relies upon Linux (for instance as the foundation of their startup). Linux infrgines on countless Microsoft patents. Thus far Microsoft has treaded lightly, but I don't think it's tough to imagine how sentiments would change if they started laying the hammer down, shutting down every cloud host, etc. The simple love of a gadget has many supporting an incredibly dangerous position.
But sentiments are changing. I argue for the exercise of it, but there is no doubt that dramatic software patent changes are coming due.
P.s. we're talking about prior art for multitouch, the Fingerworks patents seem far more relevant than your hardon for Minority Report and Microsoft Surface.