Is this really the worst option?
Playing Devils advocate.
Oracle, MS et al actually produce products that may or may not use these patents already.
However if the patents don't go to this consortium they may well end up in some patent troll lawfirms portfollio who will sue far, far more readily then the businesses mentioned to reclaim the costs in purchase. Sue who? Well RedHat and Unbuntu would be prime targets.
So be careful what you wish for, it may be a case of better the devil(s) you know.