"The real issue is that today's software patents breach the social contract on which the concept of a patent is based."
I think that Simon really nails the important issues in this post - thank you Simon! I have terms like balance running round in my head, but I have to say that Social Contract really is a good term.
Also, the aim of language to confuse rather tha clarify.
Lastly, I agree that there is nothing inherently wrong with SOFTWARE patents - all bad patents should be stopped.