software patent armageddon

After reading rms's guardian article on software patents, I've come to the conclusion that we're doomed. With so many respected people speaking out regarding patents (domestic and world-wide), you would think that someone would listen. Industry seems to garner a rather short sighted view of patent and copyright, ignoring the social effects of overly strong laws. Can any new software be developed by a small company? Sure the software can be written, but what happens when someone comes up with a solution thats been patented? Fear of unintentionally using a patent encumbered algorithm drives people to avoid those algorithms or avoid development altogether. Even if someone happens to come up with a different solution to a problem, they can still be caught in the patent web due to the unreasonably loose definitions applied to patents. A method of user error notification involving automated processing of input data while it is being processed for delivery to the system. That little line is generic enough to cover just about all user input verification. I could spend a little more time making it verbose enough to obscure its intent, which is exactly the type of time that is spent on modern software patents.

It's not that the concept of software patents is inherently onerous, just that the implementation of the system is problematic at best. There should be some reward for the development efforts involved in the creation of software solutions, but monopoly based upon vague problem/solution descriptions isn't a viable system. Who is to be rewarded anyway? A software developer creating a product, or a patent holding company looking increase its patent portfolio?