My crack pipe overfloweth...
Oh dear, a serious case of my crack pipe overfloweth. Lets just think for a moment about this business model;
Intelligent Weapons can not really patent the patch solution as that would mean it gets its arse sued in to oblivion by MS for reverse engineering its products and breaking licensing terms. They can really only patent the flaw.
Patenting a flaw is not going to work since the PO will not allow patents on illegal activities and by law they are unenforcable. Even if IW managed to get some patents through, and even if MS doesn't get them on the reverse engineering thing, MS just needs to prove that IW is attempting to patent flaws which are the mechanism for illegal activity and IW will vanish into the vapor from whence it came.
Sounds like a good business, I'm in...