This is really good. I hope peope like Lodsys get better a pulling bullshit like this so that more people realize software patents are a terrible idea.
It's not necessarily the other way around. Sometimes errors occur for those two reasons, sometimes they don't. But yes, the diagram is making incorrect assumptions.
This project makes me realize how many people don't use an RSS reader like Google Reader. Come on... Do you actually check the front pages of these sites every day for fresh links? Absurd.