Microsoft Corp. (NASDAQ: MSFT) built its fortune on proprietary software than runs on PCs and servers and grew its business with the support (some say collusion) of the hardware makers that manufacture all those corporate laptops and home computers. Sure, there are alternatives to Microsoft software in many environments (many are completely free), but the Redmond giant knows how to get products sold and out the door. Recently, shipping product has been a lax business at Microsoft, but not when you look at its history. Of course, its software is so complex now it's amazing the company can ship anything on time.

Yet, ole' Softie has seen the light and has proclaimed that free and open-source software violates 235 of its patents. It's hard to see how patent infringement can be claimed on software that generally does not operate in any way like Microsoft's software products, but I'll move on. If you've seen newer versions of Linux software, the user experience is quite a bit like Windows. The question is: who was there first?

According to an interview with Fortune, a top attorney at the company stated that the Linux operating system violates 42 Microsoft patents. In addition to that, the UI (user interface) and other visible design elements infringe on another 65 Microsoft patents. This kind of claim is sure to set the advocates of free and distributable software on fire, which they should be. Is this a way for Microsoft to fight dirty as it's threatened in the server and PC operating system space where it reaps most of its revenue, or does it really believe infringement is going on here?