This falls into the trap that got us software patents and a dozen other types of silly "intellectual property" in the first place.
Who says Steve lacks an incentive? It takes a profoundly narrow mind to look out into the world and conclude that (to pick some famous names from the shelves near me somewhat at random) Lewis Carroll, Ambrose Bierce and William Goldman were coldly calculating individuals, writing whatever would generate the maximum income. No, each of them had his reasons for writing, whether a pittance or a fortune was the reward, and in no case is their best work that which an accountant or a lawyer would have said was most certain to be profitable.
When we look historically, we find that the incentive granted by these new monopolies was always an incentive to people who were already rich, to screw people and get richer. The reality of software patents is patent trolls, just as the reality of US prohibition was organised crime and massive corruption in the police and judiciary. When you find yourself making a law to "fix" a problem that didn't exist and the law causes you problems you never had before, it's a bad law and ought to be repealed. And if the courts or the patent officials make bad law by practice where there was no law by statute, drive it out with better laws.