And on the other hand, how often have you heard or read about programmers and companies worrying about unknowingly infringing on software patents, about companies getting sued by other companies that turn whole fields of software into minefields, or about developers or companies that couldn't (afford to) implement the best known algorithm for an application, because someone else had been granted a monopoly on using that algorithm.
At least in the US, you can't create a start up and just create a knock-off of an existing product: you are forced to innovate because of software patent laws. This is probably why the US is striving while countries that don't have such laws such as Chine hardly innovate at all.
I'd also argue that it's mainly copyright law and trademarks that prevents the kind of product piracy that is prevalent in certain countries with a less developed legal system, at least with regard to software products.
That's not what I'm arguing. All I'm saying is that given the fact that US is one of the most innovative countries in the software area, the burden of proof is on those who claim that the software patent system is broken.
Where is that evidence? The US seems to be innovating quite a bit in the software area compared to other countries.