From the patent: "The meaning of 'kword' is up to the interpreter. SGML specifies rules for insertion of tags into the content stream and how tags are to be differentiated from the content." They discuss how SMGL allows the interpreter to determine the semantics of "kword" so clearly (IMO) they acknowledge the pre-existance of the idea of separation of expression of "architecture" from the expression of content. I didn't get all the way through the application so I don't know the specifics of the manipulation they are staking claim to but by my interpretation, there is no danger to XML since XML is a direct descendant of SGML.
Their claim is they are selling a *license* to use the thing, not the thing itself. The price is what you pay to experience the product. It's the same argument as other media (ripping music, taking your camcorder into a theater). I think it a perfectly reasonable argument. The car example that another poster offered is not valid since the business model the car company put together bakes in the used car market.... a car has a much longer shelf life than an "experience". Another poster made the point that game makers should create a game that has a longer shelf life... sure that would be great but it's much harder and not worth the price we would have to pay for it. If you don't want to pay full-price for a game, wait until it's no longer "hot" then by it once the company drops it's prices (which is what the game companies *should* be focused on to protect themselves from reselling)
There's a lot of focus on the methodologies the Developers need to focus on to achive agility. For me the biggest challenge in my current organization has not been the developers doing things the agile way but getting the customer (or in our case product development... the customer's representative) to be able to think in smaller, self-contained chunks. Some of this may be that we are dealing with a complete rewrite of an existing system... perhaps agile is better suited towards incremental improvements of an existing code-base rather than a "port" style project. In summary, our biggest hurdle seems to have been getting the product sponsors to think in smaller chunks. Not in us implementing an agile methodology within engineering but rather across the organization.