Should the Linux and Open Source communities be protected from software patent challenges?

As a matter of fact, if we look deeply into the patents that various companies says Linux Kernel has violated, there is no base for any of the claims, since the Linux Kernel itself is an example of an original work of art (if we see its usefulness to automate manual tasks via digital signals), that leads to a totally different OS framework concentrating on efficient inter-networking.

Lately, Linux Open source development Labs (OSDL) has taken measures to avoid any possible patent infringement, as Stuart Cohen (chief executive of Open Source Development Labs, a Linux consortium that employs Linux leader Linus Torvalds) states – “Linux programmers will sidestep any patent infringement problems that arise” – means there exists need to protect Open source communities from software patent challenges. The software patents, by itself, as generally viewed,  is confusing. What if Microsoft sues Linux for using its patented windows environment? difficult situation for Linux and OSDL indeed.