Actually patents have never really being good promoters of art and science, they are along with copyright about making sure someone get paid for there efforts.
If no one can protect the software they produce then it will be ripped off, essentially no one will pay for any of it. Now i'm guessing here that this probably wouldn't hurt the development of software, but software employment becomes much reduced.
Software companies would essentially have to compete in service provision after you bought the product, in fact they would probably have to give it away for free in order to extract rent from you instead.
no one will be willing to scrap them so at best patents will be be more easily challenged, and also the narrow definition of copying and theft of software will need to be looked at.
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