BTW, since I originally asked this question, the general tone of the discussion has been positive and the general consensus seems to be that simply uploading the compressed textures to the card, and allowing the hardware to handle the decompression is not a violation of the patents in question.
Perhaps you'd like to wait till we hear back from the legal people Alan Cox has asked to take a look at the issue before you jump to your decision.
Again, I'm not a lawyer and this is not legal advice.
As you've already found, you need to implement software decompression for rendering fallbacks. I don't know of any way that could /not/ be problematic.
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