Another dubious aspect is linking to PG's essay with the implication it's a slam dunk argument for software patents. While PG may come out in favor of software patents, he readily admits that the issue is difficult.
PG does make a good argument that abolition of software patent would be a step in the abolition of all patents (and the incentivation of companies to hide all profitable innovations). Yes, but the further institutionalization of software patents could just as easily result in a limited number of large companies owning the right to innovate in any fashion. Pick your poison.
One thing to consider here is that GPL's software provides a similar incentive system to the patent system. In exchange for releasing its algorithms, a company gets to distribute a huge store of existing software. Letting that arrangement replacement the patent system seems like a fine approach to me.
The fact software patents are published in their patent form isn't any better than "hiding these inventions". As others commented, nobody reads software patents (it's even legally dangerous to do so).
What we have no is the worst of all worlds: Invention secrecy and noncompetitive monopolies.
Also, software is a composition of far more patentable components than other things -- so patents are much more troublesome in that field. A software patent is somewhat like patenting a literary concept or a musical technique.
PG does make a good argument that abolition of software patent would be a step in the abolition of all patents (and the incentivation of companies to hide all profitable innovations). Yes, but the further institutionalization of software patents could just as easily result in a limited number of large companies owning the right to innovate in any fashion. Pick your poison.
One thing to consider here is that GPL's software provides a similar incentive system to the patent system. In exchange for releasing its algorithms, a company gets to distribute a huge store of existing software. Letting that arrangement replacement the patent system seems like a fine approach to me.