I think we should be looking at first principles. If we do, then how are software patents different from hardware or drug patents? One difference could be the time and cost necessary to develop them and thus to recoup costs.
If technology is accelerating, why not just shorten patent periods? We could also impose FRAND terms that dwindle over time.
If technology is accelerating, why not just shorten patent periods? We could also impose FRAND terms that dwindle over time.