Keep in mind that if you patent your hardware innovations, you're free to release an open source driver and no one can rip you off - for example Creative did this with the emu10k1.
Considering how broken I consider the US patent system, or really the idea of most software patents, this does nothing to improve my thoughts on this situation.
I think making it difficult for people to write drivers for their hardware to be used on Linux is a mistake. if they consider their ideas innovative enough to keep a driver closed source we may as well kiss the thought goodbye, RME Fireface for example. We arent spurring innovation in that sense, we are driving it to other platforms. Admitedly RME didnt write any of their drivers, however IMO they proved they arent against working with us(Linux community) but some things get taken a bit far IMO.
Seablade