That's a fair point, but I don't think it gets very far. He also goes on to say, "I don't think there's a unique idea out there in the web space and hasn't been for well over a decade." That's a pretty common attitude. Have you ever seen anyone say "yeah, that software patent is truly novel"? Ever? I haven't, so he's not really making a distinction between these specific patents and others. Without such a distinction, he's essentially saying that any patent suit would be wrong . . . but then why do he and his ilk put such pressure on startups to generate the raw material for those suits? Whether Fred himself is actually hypocritical on this point is not clear, but without a strong statement from him about that kind of pressure - and there's none in that post - he still seems so.

Is it a bit dirty to do this immediately pre-IPO? Yeah, I think so, even absent other concerns. But Fred's comments go far beyond these specific patents at this specific time. He talks about a very general "unspoken line" that web companies shouldn't cross. It's the general statement I object to, not the specific one.