Software patents are bad, yet they still exist, and you have to live with that reality. Red Hat is not just filing for defensive patents, it is also pouring resources into patent reform. In an ideal world, software patents would be a non-issue, and Red Hat is at the forefront of making that a reality.

In the current reality, it's impossible for OSS to infringe on Red Hat's patents because of the patent promise which is legally binding and irrevocable. I have no idea what Red Hat's strategy for infringement from non-OSS software is, but it sounds like it's a 'live and let live' attitude. As long as you don't attack Red Hat with your patents, Red Hat won't come after you with theirs. Given reality, that seems an entirely sensible and prudent stance.