If the second part is true, then they don't make business sense...
Business sense != common sense.
It makes perfect "business sense" for Intel and Apple to partner. It
makes no common sense to do so [variety == better chance of
survivability].
... but there are many factors involved in technology choices.
Licensing terms are only one, and there are plenty of examples
of customers choosing (for example) to pay for Windows rather
than install Linux themselves. Closer to home, remember that
the NSA recently paid Certicom $25 million for a subset of their
ECC patents. I understand that patents are annoying to the
developer who wants to use the patented technology, but I don't
think you can argue (as you seem to be trying to do here) that
they're inherently self-defeating.
I don't know what the NSA "licensed". ECC over prime fields is not
patented. Things like MQV are but who gives two shits? Just use DH
with EC-DSA and you're all set, etc...
I've asked a lot of people what they know of the Certicom patents and
the answer I keep getting is "I don't know". And it's just that, all
hype and little substance.
For instance, I implemented prime curves in LTC for the longest while.
My software is used all over. I have yet to hear from Certicom. Is
that because I'm still to obscure or that they can't really do shit
all?
Patenting a PK algorithm is similar to patenting a block cipher. Other
choices are available and there isn't enough drive.
Now if you had a patent on fast ECC math you'd stand more chance
because at least people would still be within the realm of standards.
If I go out and license NTRU which ISO, IEEE, ANSI or FIPS standards am
I adhering to?
And this has nothing to do with technical merits. Do I care that NTRU
is faster? or more secure or more suitable for my platform? Not
really. If I'm to pick any protocols they have to be something that I
can tell my clients that I'm following a spec.
I *am* for new tech though. Don't think I'm a traveling NIST monkey or
something. If you recall I emailed NTRU [I think you replied] a long
while back about me adding NTRU to the library. You said no. I said
"ok bye bye" and haven't looked back since. I'm sure others are the
same.
While you will score enough contracts to stay in business you won't
have a lasting meaningful impact since nobody will inherit from your
work. Say Gizmo 1000 uses NTRU then gets bought up by another company.
Gizmo 2000 has more cpu or wants to be FIPS compatible. NTRU gone.
Or more like say Gizmo 1000 uses NTRU and Gizma 1500 uses something
else, then they merge... etc, etc, etc.
Point is the patents on NTRU basically make it unattractive for most
educated folk and really limit it's exposure. Which is a shame since
it's a cool protocol...
/rant
Tom