Looks like Microsoft is up to their old tricks again (sigh). As pathetic as it may seem, Big Redmond, Microsucks Microsnot, whatever, is claiming that open source software developers and users are infringing upon Microsoft's own software patents. Even better, Microsoft is threatening open source users and developers with litigation for this supposed patent infringement. There's claim of some 235 Microsoft held patents that the open source community has stolen.

It seems sad to say that there is no free market enterprise anymore (figuratively speaking); companies build products, if one company builds a better product the other company sues with claims of patent infringement. In fact, Microsoft CEO Steve Balmer hinted to wards this new 'we're loosing, let's sue' business model in a recent interview with Fortune Magazine. He had said in no uncertain terms that it should be proven that it's the software giant who's afraid of the open source developer and what threats open source pose to the software giant in the long term.

Sounds like the multi-billion dollar Microsoft is afraid of those open source programmers.

But perhaps the real reason for Microsoft suing open source developers is for their lack of innovation and development. Many software companies have moved towards an open source model, providing the product for free while charging for services and or support. Also, there are those new business models that hope to fund their usually free products with advertising built into the program. Microsoft has been slow to change, reluctant to innovate, and perhaps scared of the new software business models. So they sue.

Oh, but you haven't heard the kicker yet. Of those supposed 235 patent infringements, Microsoft refuses to release evidence (source code or other wise) to help substantiate that claim. Doesn't that amount to extortion or fraud or something like that? Microsoft hopes that open source developers and or users will simply roll over and cough up the cash, kinda like Novell did. Microsoft sued them and Novel settled. Maybe it'll be another SCO, who had decided to claim that the open source community had stolen their software. It frightened some people, but when that offending code was exposed, it turned out that the code had already been in the open source domain for years before SCO had even existed.

On the flip side of things, there is apparently some amount of programming that Microsoft has borrowed (without permission) from open source. Since UNIX code (upon which Linux is based) existed far before Microsoft code, Microsoft may have inadvertently patented Linux code with out knowing it.

It would be nice to level the playing field and have Microsoft reveal all of their source code for Windows and related products, but I'd have a better chance of seeing Elvis touring with the Beatles.

One thing this new wave of lawsuits does do however is scare startup companies who may be afraid of Microsoft suing them for claims of patent infringement.