Agreed, our friend is not completely thinking this through...
Smaller companies arent going to be redundant and throw their lawyers at somethign where the big time people have failed - sure it won`t stop them from kicking, screaming and posturing. BUt the fact is the bigger boys can fight this better than the small ones. Once the big boys are out of the way, smaller companies will fall right in line.
Also it makes sence for TPL to be looking for REASONABLE royalty rates - smaller/midsized companies need to remain profitable and would go out of business if they were burdened too greatly. I think the people in charge are intelligent enough to recognize that.
Regards