If you're wondering whether Microsoft has its boxers in a bunch over the open source software threat, this week's news left no doubt. In an interview with Fortune, MS Chief Counsel Brad Smith claimed open source apps like Linux and OpenOffice infringe on no less than 235 Microsoft patents. Steve Ballmer hinted darkly of legal action to follow, then laughed demonically. It's the age-old formula: First they ignore If you’re wondering whether Microsoft has its boxers in a bunch over the open source software threat, this week’s news left no doubt. In an interview with Fortune, MS Chief Counsel Brad Smith claimed open source apps like Linux and OpenOffice infringe on no less than 235 Microsoft patents. Steve Ballmer hinted darkly of legal action to follow, then laughed demonically. It’s the age-old formula: First they ignore you, then they laugh at you, then they threaten to have a colony of attorneys descend upon you from a great height. The Open Source Movement has truly arrived. Unfortunately for the Redmond reprobates, there are few problems with this approach. For one thing, these claims are based in part on a report published last summer by author Dan Ravicher, director of the Public Patent Foundation. But Ravicher says they got it all wrong. The report listed 228 potential infringements on untested patents, not actual violations on patents that have withstood a court challenge. [Note: The above link no longer works, but this one still does.]Microsoft has yet to identify any infringing code, despite challenges from the Open Sorcerors to do so. And once Redmond puts its cards on the table, as Linus Torvalds notes, the open source community will simply code around it. (If I have to use Document*Start inside OpenOffice instead of File*Open, well, I think I can live with that.)Finally, who exactly is Microsoft gonna sue? The only ones with deep pockets in this whole scheme are Microsoft’s own enterprise accounts. That’s one way to get close to your customers. Microsoft is apparently hoping the Fortune 1000 will get their tights in such a twist they’ll pony up to Redmond just to cover their assets. If this tactic sounds vaguely familiar, well, that’s because it’s the same one SCO has been trying. Gee, I wonder how that’s worked out for them? This would be as good a time as any to lay claim to some patents of my own. For example, I hold a process patent on injecting gratuitous references to undergarments in a snarky tech blog. Try to copy me and I’ll sue your panties off.Got your knickers in a knot over Microsoft’s patent shenanigans? Write to me here or post a comment below. Top tipsters will receive a bag for carrying their briefs (legal or otherwise). Software DevelopmentSmall and Medium Business