even if not  it's just matter to add proper licence to right ports in port
tree and require user to accept it.

Probably won't even have to do  that. People can download, compile and run 
whatever they want on a base operating system,
but as long as the base operating system (FreeBSD in our case) remains "legally un-encumbered" with patented code, nobody really cares. If individual users decide they want to compile and run copyrighted software on FreeBSD (or linux) it will be a matter between M$ and the particular user in question, not the community providing the base OS and user space tools.
this is exactly what i meant.

FreeBSD users should be happy about that situation as linux is far more media-popular and screens other free unices from attacks.

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