If you can mitigate your business risk, and the price of that mitigation has a positive NPV given your cost of capital, you generally take it. I’ve therefore always been a believer in insurance. I consider it (in several forms)…

If I wanted to make money litigating bogus software IP, Open Source is a great way to start. Bogus or overly broad patents require, y’know, a patent, standard theft of code suits need some plausible scenario where they’d be able to access your code, but this…all you need is to show that someone accessed your site once, and there you go.

Easy to fake, too. And it’s not like most companies keep extensive records of every site visited for years, that’d require huge amounts of information.