No, I think the problem is software patents. Almost every software patent isn't for something novel and unique, most of it is extrapolation of current practices and new ways of using the same, which is seen in the fact that almost all of these patent suits are not going after people who "stole" someone else's idea, but rather came up with the same thing all on their own and didn't even know these people existed until they got sued by them. Aside from a few interesting compression algorithms, I'm struggling to think of any software patent that's been awarded that is actually something novel, unique and worth protecting.
Hell, during the Oracle Java trial their lawyers were going on and on about how amazing these functions that Google "stole" were, until it was revealed that the judge in the case had learned Java himself and realized that many of these functions were necessary for any good programmer to do work with Java and on top of that, the work involved to create them was minutes, not weeks or months like Oracle's lawyers were claiming.