So far, OpenMoko's Linux-based open source phones have amounted to little more than a twinkle in the eye of Joe Consumer, instead getting fast-tracked into the hands of developers who hope to make the whole package stable and functional enough for the average buyer to give a flip by the time they're widely available. We'd say that's a solid policy -- especially if these guys hope to fight the oncoming Android steamroller -- and the next volley is about to get fired in the form of the "Neo FreeRunner." The spiritual successor to the original Neo1973 (pictured), the FreeRunner is being billed as a "compelling mass market device" thanks to some key additions: WiFi, motion sensors, a faster 500MHz processor, and 3D graphics acceleration. OpenMoko's previewing the phone at CES next week with shipments following on to developers in the spring in two triband GSM versions, one with North America-friendly 850MHz and the other with 900MHz. Consumer sales are expected to happen after that (shortly after that, hopefully) once the dev community blesses it with solid code.

If you thought that Microsoft's deal with Novell was the end of Redmond v. Linux litigation, think again. In an unsettling story carried by Fortune over the weekend, Microsoft's General Counsel claims that free and open-source software (FOSS) violates exactly 235 Microsoft patents: Linux kernel (42), Linux GUI (65), Open Office suite (45), email (15), and then another 68 patents violated across a variety of FOSS wares -- the first time Microsoft has provided such specificity. Microsoft goes so far as to claim that that is the reason for open-source software's high-quality. However, Eben Moglen, legal counsel to the Free Software Foundation and head of the Software Freedom Law Center, says that software is a mathematical algorithm which can not be patented and easily "invented around" -- a case made even stronger last month by the Supreme Court's unanimous ruling undermining patent trolls. Still, FOSS allies such as Sony, Philips, Novell, Red Hat and NEC were already banded together under the Open Invention Network with their own collection of patents meant to protect themselves from the kind of litigious quagmire Microsoft seems poised to launch. Ironically, that very pact between Microsoft, Novell, and more recently Dell makes Microsoft an uneasy Linux distributor (depending upon your legal interpretation of the deal) which could leave them powerless to bring patent suits against Linux customers and distributors. With Microsoft facing the Google goliath and a general consumer malaise, it's really no surprise to find them prepped for a patent offensive in search of additional revenue. However, our biggest fear is for this sudden increase in posturing by Ballmer and Co. to turn into a full blown series of lawsuits and countersuits sure to stifle innovation into the next decade.

[Via Scobleizer]