This cuts both ways: it's also easy to "surround" software patents with new innovations that are required to be competitive in the marketplace. Then both partie

This cuts both ways: it's also easy to "surround" software patents with new innovations that are required to be competitive in the marketplace. Then both parties cross-license and you're good. Yes the lawyers get paid but the cost is pretty low compared with software engineers, and the societal benefit is that these innovative move into the public domain.