> If this trend continues at some point the only profitable way to start up a new software company will be to operate it anonymously as a Tor hidden service.
No.
> All this Imaginary Property rent-seeking does in the long term is drive new innovations into the darknet.
What it actually means is that companies will re-locate out of the USA into countries that have less IP restrictions, continue to develop software, and then hire lawyers to represent them in the USA and file patents and sue the shit out of software companies still stupid enough to be based in the USA.
Since they are immune from USA laws themselves, since they are not doing business in the USA, then USA software companies with patent portfolios will be forced to into unfavorable cross licensing agreements. Once that happens then foreign software companies will be able to start to legally do business in the USA.
There already going on and it's been going on for a while. It's going to get worse and worse.
The USA is pushing IP laws through international treaties to try to cut off countries that don't honor the IP laws. But this is not going to last long once other country's government's start to realize how much of a huge competitive advantage their corporations will have over USA corporations by ignoring IP BS. IP laws are a huge drag on innovation and USA regulations cause a massive overhead on any corporation operating in the USA. If companies can avoid this then even small companies can leapfrog around much larger and much richer competitors.
Unfortunately this also means that USA government will become much more violent and aggressive in forcing compliance. We don't have 737 military bases spread across the world in most major countries and all major regions for no reason.