We can argue symantecs till the end of time but isn't a patented, open-source piece of software an oxymoron? I mean I am not exactly jumping for joy and screaming yay that I can use it because I might have the patent trolls jump all over me.
No, it's not even remotely an "oxymoron"; open source isn't about giving up your property rights. It's about _respecting_ property rights. This is why open source projects _include a license_, and that license stipulates how people may use the project in detail. How is me requiring people open source projects that use my property any different than me requesting they pay me to use my property? In either scenario, I am putting forth the stipulations for use. If you're against paying to use property, so be it, but don't make the mistake of thinking open source code is devoid of property rights.
All constants are variables.