Those interested in the IP debate as it affects open source software and the patenting of programs can find some interesting disucssions at the ZDNet site. I think that John Carroll conflates a couple of issues in talking about IP - that is, copyright and patents. Copyright on software seems to me to be entirely sensible, but to patent a way of tackling a problem through software can only, IMHO, restrict one's ability to build on those ideas.
At the same time the proposed revision to the Free Software Foundation's General Public License has been announced and is attracting debate. One of the key points in the new GPL is the provision that, if a developer uses open-source software as the basis for a program, the developer cannot claim patent infringement on its product. In other words, what starts out open source, stays open source.