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Apple and the patent system are equally at fault in my opinion. The patent system for creating the circumstances that allowed this lawsuit and others, and Apple (and Samsung, Motorola, etc.) for filing the actual patents and lawsuits.

Tech companies have free will, they could have chosen to fight software patents from the start.

And you know this for a fact how?

Because almost all companies (and people) inherently behave in a way that is in their own best interests. Owning critical smartphone patents is clearly in the interest of people in the smartphone business.

Blame is not zero sum, we can do both.