If supporting software patents is something you can't say here (and it seems very much like it is), then we are weaker community because of it. Even if software patents are in fact terrible.
He can say it as much as he wants, I'm just explaining that it's a bad analogy if he wants to attract the sympathies of developers, because software patents are something that many developers, even those who aren't Richard Stallman types, really dislike.
I didn't associated the post with software patents at all - it's quite a good analogy. The point was that copying someone's work is relatively easy if you have a solid starting point (screenshots of a design, description of the algoritm, etc.), and it's unfair to say the design/development/invention process is trivial if it's easy to clone.
Implementation is usually the easy part. It's figuring out what needs to be implemented that takes the real skill. It's like the plumber that charges you $200 to turn a screw 1/4 turn. Of course you could have turned the screw yourself, but would you have known which one to turn and by how much (and do so without spending six hours researching different models of garbage disposal)?
See: http://www.paulgraham.com/say.html
If supporting software patents is something you can't say here (and it seems very much like it is), then we are weaker community because of it. Even if software patents are in fact terrible.