Writing these sorts of articles I think is where Stallman really shines. Pragmatic write-ups legal solutions; a more 'fanatic' stance would be to propose unlikely to occur changes to the system that would invalidate (otherwise render tooth-less) "software patents" in the context of hardware implementations but in this case he (correctly I think) concedes that as a problem for another day. Getting to hung up on that idea will prevent us from making headway on anything.