No he's not. The patent move isn't the only reason to frown on Yahoo employees. The company has been moving sideways for quite some time which is when good employees tend to leave for better opportunities.
Even if Yahoo has been on a downward spiral, it is foolish to think that all of the good people will leave. Even if you are good at what you do, trying to find a new job is a humiliating, degrading, and terrifying experience for many people.
I'm not a programmer (yet), but I work in a technical field that is currently experiencing a similar level of growth. Having worked for the same employer for over 9 years, it wasn't an easy decision to make when I decided to leave. Now that I am searching for a job in an industry where everyone claims to be facing a desperate shortage of qualified personnel, I find it rather difficult to convince someone to even grant me an interview.
It is far too easy to judge the actions of a family man who has a wife and kids to worry about when you are the CEO of your own company.
There are a lot of good people toiling away at Yahoo for one reason or another. In particular, work visas can tie you to the company for a good portion of a decade.
Just to take one example I'm familiar with, Flickr still has a lot of top-notch people.
