"The resulting situation, which is akin to an arms race, seriously disadvantages independent software developers and has made it increasingly difficult to write conventional software without committing any infringement."
That may be, however, join the crowd, the same thing is happening in hardware as well.
The thing about software, you can still devise within the standard environments without a problem. UNIX is the base environment of free base software. Have at it, devise all you want.
Amazing, "independent software developers" there's more to that issue than meets the eye. How would Intel or TI fit that issue if they were able to implement e.Digitals efforts and ideas for free?
doni