... software development is an individual, creative activity, more akin to writing a novel than designing a jet engine. A single programmer can inadvertently infringe dozens of software patents in the course of a single project ... We don't expect novelists to hire patent lawyers before publishing their work; nor should we expect computer programmers or their employers to have patent attorneys on retainerI am sure that the code we write for weather forecasting probably violates dozens of patents. Luckily, we have no money, so no body sues us. Still, being judgement-proof is no way to operate.
Sometimes, pigs can fly. I hereby quote an article from the ultra-libertarian Cato Institute: