Martin Fowler writes:http://martinfowler.com/bliki/SoftwarePatent.html
In theory, I'm not against software patents if we were able to get back to the core beneficial principles of patents and apply them properly. This would imply developing a process that would ensure that patents were only granted for truly novel ideas. But unless such a process were properly put together, I'd rather see software patents eliminated completely. A world without software patents would be better than the mess we're currently in.
A collection of relate links from Tim Bray: