Story time. I worked for a company who did prior art on something that was frankly fucking to obvious and is now ubiquitous (but as far as I know we did it first). At one point a patent troll sued us. Our clients were on our side and one of them (a very prestigious law school that rhymes with Barvard), offered their resources to help us fight the troll. The C level management decided to not risk it and just paid the troll. We were a 20 person company at the time and it wasn’t worth it I guess.

"The world would be a lot better if <very large group of people/companies> independently did xyz" can be applied to pretty much anything. Except tragedy of the commons is a real thing, and this is why you need governments to step in and regulate.

I think Alibaba did this a little while ago - someone tried to sue them for infringing a one-click checkout patent and they did challenge them in court and won.