You have to consider the fact that workarounds are dime a dozen. In any case, startups aren't exactly in a position to gamble away their endowment in a court b

You have to consider the fact that workarounds are dime a dozen. In any case, startups aren't exactly in a position to gamble away their endowment in a court battle, which can trivially get stretched out by their megacorp opponents until they run out of cash.