Patents are not intented to fight stealing source code - that's what Copyright is for. Stealing source code is sufficiently protected.
Patents are supposed to protect innovative ideas (not code). If you have a patent on an idea, no-one else may commercialize that idea, even if he invented it independently.
That's why patents should only be granted on non-trivial ideas for a limited period of time. Personally I basically agree that software-ideas should be patentable in some situations, but the current text allows too much misuse.
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