You're drawing a valid but subtle distinction, and I think it's the same one I dug into by asking whether we feel Apple should have some expectation of patent p

You're drawing a valid but subtle distinction, and I think it's the same one I dug into by asking whether we feel Apple should have some expectation of patent protection for this sort of innovation, of all kinds. Superficially, promoting innovation means making the activity of innovation advantageous (i.e. rewarding R&D).