The impression I got from the article was that these patents obtained on existing software would leave the original creators at risk of litigation without as mu

The impression I got from the article was that these patents obtained on existing software would leave the original creators at risk of litigation without as much to defend themselves. IANAL, but I do believe you're correct about prior art. I think the risk is that in the messy world of "12 people who couldn't get our of jury duty in an east texas jurisdiction", you want as much legal weaponry as you can possibly muster, and relying on prior art without a patent of your own could leave you at grave risk. I really do hate this game, I'll give you that. But I worry that refusing to play could lead to a blowout loss. Reform is so badly needed.