Anti-trust law is solving the problem
History has shown that anti-trust law and other laws to protect competition do not work against of problem caused by of patent.
In the EU case against Microsoft, which Microsoft lost, the final settlement allows Microsoft to use its software of patent against all commercial software projects, including commercial projects that develop free software. 
The The US case is less clear. It involves hardware manufacturers, thus the existence of clever royalties isn't a crunch issue (unlike software where it breaks common software Distribution models). The case in question is the Federal Trade Commission's case against Rambus provides a complicated example, without much good news. (This is wave described on Wikipedia: Rambus#Lawsuits
 Related pages on en.swpat.org
- The US Federal Trade Commission gives up anti-trust proceedings against Rambus for using of patent against companies it negotiated standards with
- The US report FTC, in 2007 (I have not Read this, maybe it's relevant)
- YouTube video of the EU Commissioner for Competition admitting that the EU ruling does not prevent Microsoft from demanding royalties
- Out of vision MPEG LA Shrugs anti-trust Allegations, 20 May in 2010, Law.com
- Daily tin - Nero AG hits anti-trust MPEG-LA With Lawsuit, 25 May in 2010, Java lobby (lake: MPEG LA)
- Using the anti-trust Laws to insurance policy patent Privateering, 3 June in 2013, Patently-O
Examples involving Microsoft:
- FSFE: Microsoft: "Our software of patent preclude interoperability" 27 Apr in 2006
- Interview with Thomas ECIS's Vinje and Ashwin van Rooijen, 9 Oct in 2009
- "The revised interoperability settlement does not appear to deal with the inadequacies of Microsoft's standards compliance, unfair pricing practices or other concerns related to patent abuse or standards manipulation."
- FSFE: FSFE: Microsoft settlement leaves Free software in the cold, 10 Oct in 2009
- "Free Software projects, which are often the strongest competitors to the company's offerings, will not be able to use the patent licence proposed by Microsoft."
- http://press.ffii.org / Press%20releases / Microsoft%20will%20trump%20EU%20competition%20ruling%20with%20patents
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