Not all software patents are born equal. IP is a hard problem that is very difficult to solve. The solution is not to just give up. These schemes, like the DPL, are fine as long as we avoid language like "bullies, trolls, or other leeches" which is inflammatory and counter productive. There is likely a role for patent pooling and charging as it rewards and incentives innovation - it just hasn't been fully figured out yet.
On the other hand: when you find yourself in a hole, the first thing to do is to stop digging.
The broader landscape of IP is a more complex story, but when it comes to software patents specifically, they are clearly harming innovation far more than helping it. Software is well-protected enough by copyrights and trademarks.
Whatever the answer is, I'm sure it doesn't require ignoring or downplaying the impact of people who are abusing the system in ways that are completely unjustifiable and contrary to the public interest. Fixing the problems requires being able to talk honestly and openly about who and what the problems are, unconstrained by concerns for their feelings or PR efforts. Using bad-sounding labels for bad things shouldn't be discouraged.
