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I don't think you get it...
"Intellectual property is intellectual property. If you use someone else's technology and justify it by calling it "open source", that's like justifying robbing a bank because your kids are hungry."
So, you're equating the use of technology that is independently developed in good faith with felonious activity just because the user was the last one to think to profit by patenting that technology? Greed and the rush to the patent office automatically win out over true innovation?
Following that logic, and leaving the notion of patents aside for now, I guess we should have labelled Sir Isaac Newton an IP thief and clapped him in irons because Gottfried Leibniz published his version of calculus first even though Newton independently developed the concept years before Leibniz did.
Yeah, that makes sense...