It's easy to brush off intimidation when you forget that fighting it often involves a huge investment in legal fees that few individuals have the resources to spend in a battle with a large corporation. Especially when the law probably isn't on your side and you signed a contract giving away your IP anyway.

How about analyzing the situation for what it is: failing to protect independent innovation may result in less independent innovation. All the legal speculation and contract theorizing in the world will do no good if the facts of the matter tell a different story.