'Patent violation': Microsoft moans about open source

Microsoft claims free and open source software violates more than 230 of its patents, according to a magazine report.

In an interview with Fortune, Microsoft top lawyer Brad Smith alleges the Linux kernel violates 42 Redmond patents, while its user interface and other design elements infringe on a further 65. OpenOffice.org is accused of infringing 45, along with 83 more in other free and open source programs, according to the magazine.

It is not entirely clear how Microsoft might proceed in enforcing these patents but the company has been encouraging large tech companies that depend on Linux to ink patent deals, starting with its controversial pact with Novell last November. Microsoft has also cited Linux protection playing a role in recent patent swap deals with Fuji Xerox and Samsung. Microsoft has also had discussions, but not reached a deal with, Red Hat, as noted in the Fortune piece.

Microsoft CEO Steve Ballmer is also quoted in the article as saying the software behemoth's open source competitors need to "play by the same rules as the rest of the business".

Ballmer told Fortune: "What's fair is fair. We live in a world where we honour, and support the honouring of, intellectual property."

The story notes that some big tech proponents of open source have been stockpiling intellectual property as part of the Open Invention Network, set up in 2005 by companies such as IBM, NEC, Philips, Red Hat and Sony. The article surmises that if Microsoft were to go after open source, these companies' combined know-how might give it some patent weapons to go after Windows.

A Microsoft representative did not immediately respond to an email seeking comment.

Stephen Shankland writes for CNET News.com