maybe the problem is just that there's no easy way to differentiate between a deliberately open router and a purposefully left open one... I can see how that would be hard to differentiate... In fact, I can think of no situations with any difference between the two.
Why do people want Blu-ray in their 360? Just to watch Blu-ray videos? Why are you saying no manufacturer would do a Blu-ray game? We have plenty of PC games that are released on both CD and DVD. It seems like a very similar situation to me.
With any luck, this patent will do exactly what patents aren't intended to do (but do anyway). I would not be disappointed if other companies were not able to put variable tolls in place without getting sued. So go ahead, IBM, and patent them. While you're at it, do you think you could manage to patent price gouging, and then sue everyone who does it? Or, more appropriately, try to get a patent for patent trolling.
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With any luck, this patent will do exactly what patents aren't intended to do (but do anyway). I would not be disappointed if other companies were not able to put variable tolls in place without getting sued. So go ahead, IBM, and patent them. While you're at it, do you think you could manage to patent price gouging, and then sue everyone who does it? Or, more appropriately, try to get a patent for patent trolling.