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The ending of this article pretty much sums it all up.

"as long as everybody else is playing the patent game, they have to do it as well."

This is a sad and sorry truth. Things in the patent system are not going to change until some of the big guys stop playing the game.

Even worse, the patents that was originally intended to be used defensively can later be used offensively. It actually happened to Amazon, for example (there are several Slashdot articles about it).