First this would have been completely out of the scope of the case and the majority opinion recognized that very obvious fundemental fact. An idea isn't a business method.
Second it's not a tax. No one is required to license any patents, nor obtain any. Any one can make anything unpatentable either inventing it first making it public domain and/or patenting it and making it royalty free. Anyone can acquire anything thats already patented and make it royalty free as well.
Third it doesnt matter how many people were working on anything for "years before". If they didnt apply for a patent on it or make it publicly available "before" then (they were stupid and) they need to license, find another mechanism, or make something completely independent. It's their choice, there's no government requirement involved.
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