I haven't read the whole thread, but this is what I posted on Engadget about the same topic:
Let's use an example from everyday life to prove that there's nothing wrong here. Hamburgers. Anyone who knows how to make them can sell them. Nobody has a monopoly on hamburgers.
So, let's say that Joe's Burger Place decides to sue Burger King. Joe wants the recipe so he can sell Whoppers at his burger place, because he doesn't think it's fair that you can only buy Whoppers at Burger King. The Burger King bigwigs say that they want Whoppers only sold at Burger King, because they're the ones that make them and they hold the rights to it.
Who do you think will win?
Again, you're not seeing the problem. What that would be like is if Joe's Burger Place bought the recipe from Burger King. They didn't just start making them, they paid Burger King for the permission, but they use their own ingredients to make the burger.