[Trisquel-users] How does one respond to this statement?

[sophoclestechnologies]

“Software patents are essential because they are the consequence of  
substantial risk-taking and investment on the part of firms. Without software  
patents or without adequately protecting them, the incentives of firms to  
innovate and invest would be undermined, with the consequence that consumers  
may be worse off as a result.”

This is a typical argument that is made in favour of software patents. How  
does one respond to it?