I guess I'm a little out of touch:  I had noticed the "Click to activate" behavior in Internet Explorer 7, but never knew why it was like that.  All I knew was that it was annoying :-)  I wouldn't have guessed that it was a direct result of a lawsuit.

Well, fortunately, the behavior will soon be going back to the way it was.  See IE Automatic Component Activation (Changes to IE ActiveX Update) for more details on the upcoming fixes, with availability beginning in December.