Well, no, not exactly. Your reply is talking about patents, which I've agreed need reform. However, you're perfectly free to use and sell your own code, as long as it doesn't duplicate some function which enjoys patent protection. (the problem here is over broad or obvious patents, like Amazon's 1-click checkout) But even then you simply have to do away with the infringing portion. For example, there was a recent post on how storenvy.com just raised funding. Well, they might have had 1-click checkout as a web store function. In the worst case they would have to eliminate that and/or find an even more innovative way for ecommerce customers to check out, but it would not likely mean the end of their business.