Just a note on patent law (IANAL)
patent law was originally introduced to allow research on an invention to occur. Protecting the invention trough law allowed publication of details regarding an invention that would otherwise be kept secret. The side-effect is that the inventor has a monopoly on (commercial exploitation of) his invention for a limited amount of time.
Thus, patent law allows for researchers to reproduce an invention without any explicit permission from the inventor. (I think it also allows hobbyists to do the same). You may on the other hand not sell or even give away such reproductions without the permission of the inventor.
Now, for software this is a slippery slope, and in open source software most likely a prohibitive obstacle.
Now, of course, even if a reproduction has been given away, the patent holder still has to prove that it infringes on his patent and getting something deleted from the internet is close to impossible. So DVSI may be very unhappy if people manage to build a AMBE (+ +2) implementation and publish it as OSS (open source software) on the internet, but is there really something they can do about it? I’m not saying that ‚they’ should go forth and do as they like in infringing on the "AMBE patent”, I’m just pointing out a weak point in patent law when it comes down to software and OSS.
on a personal note: I don’t like the concept of software patents, but that doesn’t mean that it’s ok to infringe on a sw patent.