"The Redmond behemoth asserts that one reason free software is of such high 
quality is that it violates more than 200 of Microsoft's patents. And as a 
mature company facing unfavorable market trends and fearsome competitors like 
Google (Charts, Fortune 500), Microsoft is pulling no punches: It wants 
royalties. If the company gets its way, free software won't be free anymore."

"The free world appears to be uncowed by Microsoft's claims. Its master legal 
strategist is Eben Moglen, longtime counsel to the Free Software Foundation and 
the head of the Software Freedom Law Center, which counsels FOSS projects on 
how to protect themselves from patent aggression. (He's also a professor on 
leave from Columbia Law School, where he teaches cyberlaw and the history of 
political economy.)
Moglen contends that software is a mathematical algorithm and, as such, not 
patentable."

The story is at 
http://money.cnn.com/magazines/fortune/fortune_archive/2007/05/28/100033867/
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