Haven't all seen this coming? Perhaps it's nothing new. Microsoft now attempts to boast its 'gentle image', for it is not going to sue Linux (over something which it could never sue). John McCreesh puts it nicely:

According to John McCreesh, OpenOffice.org marketing project lead, the open-source world is convinced that Microsoft would not substantiate its allegations. "[Patent litigation] is not an issue, but the Microsoft statements turn a non-issue into an issue in the minds of some corporate buyers," said McCreesh.

McCreesh added that while Microsoft may not have plans to sue, it could be using the threat of litigation to try to encourage corporate customers to move to those open-source product vendors with whom it had signed licensing agreements, such as Novell.

Yet again, it's clear to see Novell's role on this. Novell serves as a Microsoft 'safe haven' and a vocation for defection, to those who give up and cave in Microsoft's threats. Novell could one day be perceived as the choice for the weak-hearted -- those who believe they need to pay money for Linux, and for the privilege to communicate with Windows servers using proprietary and expensive protocols. Red Hat, on the other hand, has just decried software patents, having decried proprietary APIs quite recently.

Software patents are slowing innovation, Red Hat Chief Executive Matthew Szulik said Tuesday.