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Vendor liability for ignoring patents... who should pay?

Wired writer Bruce Schneier makes this valid point:

http://wired.com/news/columns/0,71032-0.html?tw=wn_index_23


"Make Vendors Liable for Bugs Security Matters" Security is at its best when those with the capability to fix security holes are also the ones who get hurt by them. Surprisingly, this isn't the way it works now. Commentary by Bruce Schneier."

But why stop there... what about legal liability? What if the vendor is knowingly abusing a patent protected technology? Can customers of such a vendor take out a class action suit? Should end users really be expected to find out if the product they are using is infringing a patent?
Any comments?
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