I agree with you. I do suspect, however, that MACOM is probably getting some pressure somewhere to allow scanner manufacturers to use their patents. This pressure is probably comming from the media outlets who have lost their ability to use scanners and are unhappy with the radios that were issued to them. I do honestly think that if there is enough public outcry, MACOM might reconsider their position on scanner listeners. What needs to be done is someone writing a letter to the company outlining the good scanner listeners can do, and how they have helped communities and local agencies. To really get the point home, we should get as many people and groups as possible to sign the letter, sort of like a petition. Admittedly, this may not work, but it would give MACOM a reality check about how unnecicarily paranoid they're being.
Oh, and about the "secure" thing...I've looked at the company website and there's no significant mention of any of their systems being "secure". I honestly think most cities probably don't care about the secure part, but just bought the system simply because MACOM offered a cheaper contract than Motorola. What I did see mentioned, however, was how good the voice quality and reception is. Believe me, they really drive that point home. (My city purchased a Motorola ASTRO system because they were having problems with reception of their VHF system).