Earlier quoted context omitted.
They could use some proper, standard license, though. Then people wouldn't complain. Like Apache license.
The licenses that you are thinking of, are all related to copyright, not patents. Patents are a completely different beast. I personally think that patents have no place in contemporary society, but that's just, like, my opinion, man.
That said, I think I broadly agree with you about software patents; one reason why is that they're the glitter of intellectual property.
If you buy an Apollo diamond or one of those magnets, the use, possession, modification, etc of those items are not covered by the patents on the diamond (AFAIK, IANAL). With software patents, it seems to be the case that the "final product" IS covered by the patents.
This seems like it makes the presence of two separate categories pretty damn clear.