I think our differences in views stems from the types of patents we have in our heads. People on HN think of software patents as patenting an e-mail notification indicator, where independent invention is likely to be very common. My experience has been things like complex signal processing algorithms where the probability of independent invention (within the patent period) is very low.
Besides the probability of independent invention, the other key difference between the two cases is that in the former, you could never sell someone the idea of e-mail notifications in the absence of patent protection. In the latter case, the idea itself is very valuable--the patent just provides a legal structure that facilitates transactions.
As for the "standing on shoulders" angle, I think it's all about the difference between applied research and fundamental research. There isn't any money in giving away the fruits of your labor for the good of humanity (which is why top students from Harvard, MIT, etc, head to investment banks rather than fundamental research labs). And even amongst the altruisticly-minded, some fields are much more engendering of generous feelings than others. Nobody thinks the joy of blessing the world with more efficient filters for chemical plants is sufficient compensation in and of itself for the work put into designing those filters.
Besides the probability of independent invention, the other key difference between the two cases is that in the former, you could never sell someone the idea of e-mail notifications in the absence of patent protection. In the latter case, the idea itself is very valuable--the patent just provides a legal structure that facilitates transactions.
As for the "standing on shoulders" angle, I think it's all about the difference between applied research and fundamental research. There isn't any money in giving away the fruits of your labor for the good of humanity (which is why top students from Harvard, MIT, etc, head to investment banks rather than fundamental research labs). And even amongst the altruisticly-minded, some fields are much more engendering of generous feelings than others. Nobody thinks the joy of blessing the world with more efficient filters for chemical plants is sufficient compensation in and of itself for the work put into designing those filters.