Bullshit. I haven't seen one supposed startup hacker put up a fight once the "grownups", investors, and lawyers start telling them they have to patent something.
It's curious how well your comment fits with the article this discussion is over, because I think that's the underlying problem. It's no longer about fundamentally "hacker" interests as much as it is about financial gain, influence, legalities, and gobs of other rubbish.
Gotta admit, I thought the same thing. Then I'm reminded of patent and trademark law...