I don't see a problem with copying the tech. I also recall that Xped released a large chunk of their code as open source. Does anyone remember that or am I just making it up in my head? Anyway I think the idea behind it is to get as many developers working on potential applications as possible, then worry about licensing and patent litigation afterwards.
The other thing is that Xped is not making its money by selling in one's and two's directly to consumers. It is licensing its tech to huge companies who will do the marketing and the sales and role out units by the millions. These companies, who will be paying good money for licensing, will not stand idle and watch some copy-cat tech take their business from them. Any need for litigation by Xped against infringers is likely to be well supported financially. Just IMO.
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