I buy something - lets say it's a commercial washing machine.
Then i build my own, copying the patented stuff that i had bought.
I claim it's fine to do this, because by buying the machine i got a license to use that patent.
That's obviously not how the patent systems works, it's just harder to figure out how it would apply to software. But I think the same applies - you have a license to use the patents in the particular driver that comes with the product, but creating your own clone which also uses the patent would not be possible.