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Earlier, this week the software giant claimed the free and open-source software (FOSS) movement had infringed 235 of its patents, including 45 by OpenOffice. 'We're at the FUD [fear, uncertainty and doubt] phase at the moment,' says OpenOffice's marketing lead, John McCreesh. 'The market reception to Office 2007 has not been good. Microsoft is clearly a wee bit worried that people are not going to make the major upgrade to Office 2007, and OpenOffice gives people an easier migration path. Maybe it's hoping that by scaring people a bit, it will discourage people from doing so.'

McCreesh admits, however, that it's perfectly possible that OpenOffice

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does breach the company's patents. 'It's very easy to get a patent on pretty well anything,' he says. 'I wouldn't be at all surprised if Microsoft believes that OpenOffice could have violated some of these patents. But whether these patents would stand up in court? I'd be very surprised indeed.'

Microsoft has also made no attempt to discuss the alleged patent breach with OpenOffice before going public, to the best of McCreesh's knowledge. 'We've heard nothing at all,' he says.

Fellow open-source advocates have claimed Microsoft is attempting to 'derail' discussions about a new software patent system, at the EUPACO conference in Brussels. 'At a time when the industry is attempting to work together to find a new patent system, fit for the 21st century, Microsoft's comments seem essentially to be a spoiling tactic, designed to cause FUD and derail these efforts,' says Graham Taylor, chief executive of OpenForum Europe.

'If Microsoft makes these claims, they should be prepared to follow them up with specific and detailed instances,' Taylor adds. 'They should also be prepared for other companies to instigate counter claims on Microsoft for patent violations. If they are not prepared to do this they will find that their claims, similar to SCO's several years ago, will be correctly ignored.'