Some software is innovative and deserves patent protection...
I don't necessarily think that all software patents should be thrown out, but if the system can't be overhauled to correct this problem, then I think that would be better than what we have now.
The problem is that because of the way software patents work, and the way software works, unlike in other industries you just can't make a significant product that doesn't infringe major companies' software patents. They have too many that are too broad, and even if you think you can win you certainly can't afford to litigate it as a small company.
Some software is innovative and deserves patent protection, but he's arguing against the extremely broad patents granted to some companies. These patents make it impossible for startups to create certain types of software, but a larger company could just cross-license the patents. Even when the smaller company is in the right, litigation would be extremely expensive, and likely drive them into bankruptcy.
Uncompensated overtime? Just Say No.