http://www.researchoninnovation.org/swconf/resources.htm
useful resource.. but there are much more persuasive references as well, disproving the myths that software patents are anything but a hinderence to innovation and business.
Some gem's include the fact that it costs more to patent software than the R&D itself, which entirely defeats the purpose of patents in encouraging R&D spending.
I haven't yet had a chance to read most of the linked articles, but I was going to play devil's advocate for a second.
And then I realized the least risky proposition in either case is to just not do the R&D, which is the opposite of what the patent system is supposed to encourage. Yet another reason why the patent system is horribly, horribly broken.