I think his argument is that Google has a big pile of patents in search and distributed systems, but isn't using any of them offensively. So, the whole argument that it's okay to act unethically (but legally) because someone else is bound to rings especially hollow here. As for the rest of your comment, it's a disingenuous argument that's been thoroughly debunked, so I won't bother wasting the time or keystrokes on it.