I find it very hard to believe that the patent system, broken though it is, is anything other than a HUGE net positive for innovation. I'm talking about the patent system across all industries, but I suspect the same would be true for the tech industry specifically.
The Economist (hardly a bastion of the free software movement) quoted a 2008 study showing:
A study in 2008 found that American public companies' total profits from patents (excluding pharmaceuticals) in 1999 were about $4 billion—but that the associated litigation costs were $14 billion.[1]
Clearly the litigation costs have grown significantly since 1999. It is unclear to me if the profits have kept pace, but even if they have that still would mean patents cost over 3-times the financial benefit they bring.
But how much of that revenue would they miss out on without patents, taking crosslicensing out of the picture? I suspect very little. People buy iphones for the whole product's look and feel, not for any specific feature.
It's a myth that software must be protected through patents. Copyright and trade dress law is sufficient.
The Economist (hardly a bastion of the free software movement) quoted a 2008 study showing:
A study in 2008 found that American public companies' total profits from patents (excluding pharmaceuticals) in 1999 were about $4 billion—but that the associated litigation costs were $14 billion.[1]
Clearly the litigation costs have grown significantly since 1999. It is unclear to me if the profits have kept pace, but even if they have that still would mean patents cost over 3-times the financial benefit they bring.
[1] http://www.economist.com/node/21526370