The position that OIN is somehow necessary can very easily lead to a perpetuation of the current problems. Or it can lead to a severe worsening of the increased costs and decreased innovation of software patents.

If Prof Moglen and others can connect the dots for us and show us how OIN leads directly to returning to a sane patent policy in the US, then those two bad scenarios can be avoided. Without a reminder as to how OIN fits into restoring a sane patent policy, OIN looks more like a liability for Linux and FOSS in general than any resemblance to an asset.