Good question, though that's not exactly what they were predicting. gigi said OSS would be "categorically outlawed" and SNS Esquire said network access (via ISPs) will only "work" if your computer is free of OSS.

As for legality w.r.t. U.S. patent law, I'm thinking most of the big ones are legal. I haven't heard of any legal efforts to shut down linux, firefox, chrome, etc. in the U.S.