Earlier quoted context omitted.
With your ideas about patents someone should do it out of the kindness of their heart I guess. Is that what has driven most technological advancements of the human race? In your software-patentless world, why would a genius choose to work in software as opposed to another field inventing patentable tangible objects where he or she will be monetarily rewarded for it and able to make a living? Don't say you are already…
Software patents aren't particularly useful for making money with software. Hackers produce code, which is protected by copyright, and that's how the law protects them from having their work stolen. Patents are a bad match for software, and are mainly used for two things: 1. Trolls use them to seek rent from independent creations. 2. Companies that are not purely trolls but need a vector to attack another company som…
This is pretty much what is happening with speech recognition these days among other things.
No need to worry about opensource, or the fragility of patents, when you keep your technology a secret.
Another approach is to use trade secrets - you encrypt parts of your application - reducing performance - enabling you to sue anyone who decompiles it in order to replicate, or indeed interface with it.
Patents would actually seem the least of these evils, if they were only less broken.