His argument, which seems pretty reasonable to me, is that software is a tool, whereas books are expression, and sees a stronger argument for it being important that people be able to modify their own tools (he does include some kinds of "tool-like" books, like instruction manuals, in that category).

I don't think it's useful to charge people with "hypocrisy" as an attempt to preemptively shut down debate about whether different classes of works ought to be treated differently, in any case.