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Except the superpowers with all the nukes routinely fling them at each other. Where is the deterrence?

If IBM is not deterred by Microsoft's patents, why would they be deterred by mine?

I think you're mistaken about superpowers flinging nukes at each other. Only two nuclear weapons have ever been used in war, and that was 65 years ago.

It was analogy / metaphor. All the superpowers == all the big companies (Google, Apple, Samsung, etc) routinely fling nukes == lots of patent litigation.

Good call. That interpretation seems obvious in retrospect.

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