That's why I found it interesting that he would issue a word of caution to those who are boldly predicting that if it does come to a patent fight between Linux and Microsoft, then the latter would hold the upper hand.

Webbink was in Tokyo last week for a meeting of the Open Invention Network, "an intellectual property company that was formed to promote Linux by using patents to create a collaborative environment."

He advised all these cheerleaders to take a careful look at the Open Invention Network as it had "some rather substantial patents" in its portfolio. And, he said, given this, any patent stoush could be far more damaging to Microsoft in the long run than it appeared at the moment.

Asked about Red Hat's feisty response to Microsoft's claim that it held 235 patents which were infringed by Linux and other free and open source software projects - the Red Hat IP team's response was headlined 'Deploy with confidence' - Webbink said at some point one had to "get in the fight or yield ground to the bully."

"I find it fascinating that a company which is defending itself againt 30 to 40 patent infringement claims at any given time, has the gall to make these claims," he said.

Webbink said the patent rhetoric coming out of Redmond had started going up in volume about three years ago - right at the time when Microsoft started seeing its timeline for releasing Vista pushed back.

"At that time, they started to pose as an IP company, not a software outfit," he said. "Maybe this was a tactic to try and slow the adoption of Linux until they had got their Vista timeline back on track."

Webbink pointed out that when there was a switch of Windows versions, it meant revenue for the company; in contrast, when someone switched from one version of Red Hat Enterprise Linux, there was no additional gain in revenue. Hence it was vital for Microsoft that people moved from one version of Windows to the next.

He estimated that something like 15 per cent of XP users would make the move to Vista this year and a further 20-25 per cent would move over next year. He also claimed that most of the Linux coupons sold under the deal struck by Microsoft and Novell had gone to existing Novell customers.

Asked whether Red Hat had held talks with Microsoft, he admitted that parlays had taken place over the last three years. "They did not lead to any mutually agreeable approach," he said. "Microsoft wanted greater access without giving away anything."

He said it was unlikely that a change of government in the US would have any impact on Microsoft's predatory behaviour. During the Clinton years, Microsoft was convicted of monopoly practices and at one stage it looked likely that the company would be split into separate units dealing with operating systems and applications. However, once the Republicans came back to power, all such proposals were dropped.

"Only the EU (European Union) has had some impact on Microsoft's behaviour," Webbink said.

{moscomment}

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