Patents were never the issue, there was one crazy comment on HN a few years back claiming that it was and somehow it became a mindworm that kept getting repeated. You can prove this to yourself by asking anyone that repeats the claim of patents being the issue, what patent specifically they mean. Invariably they can't answer or say "all of them". The real issue is volume and scale of production and the physics of the technology not being suitable for a broad enough range of solutions to hit the volume needed to get to a higher scale.
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