You aren't missing anything. What you've pointed out is also the reason I find this all so fishy- it has been the same for years, the risk has been the same for

You aren't missing anything. What you've pointed out is also the reason I find this all so fishy- it has been the same for years, the risk has been the same for years. No one who was really worried about the patent risk would have accepted a "wait and see" approach. Because... that would be risky to do.