As you can tell by all the replies so far, this article clearly isn't written by somebody in the video games industry. It's misleading, ignorant, and just plain wrong. Having it on the front page of gamedev.net for over 2 weeks now is doing this site a disservice.
At some point an editor needs to step in.
PS. I've been on a commercial game that had to undergo a code audit due to an patent infringement lawsuit. In the case of the lawsuit, the company merely suspected we'd infringed, and that was enough for the courts to require us to give up the code. It turned out fine for us, but other developers didn't fare as well. To freely open yourself up to one of these things every time you release a game is insanity.