The problem with this statement is that he's looking at the end result, instead of the human activities that lead up to it. Patents exist to promote progress (

The problem with this statement is that he's looking at the end result, instead of the human activities that lead up to it. Patents exist to promote progress (according to the US Constitution). They motivate activities that would otherwise be neglected. The activities that produce software require less motivation than the activities that produce hardware. They may produce equivalent end products, but that's not what should determine patent protection.