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Interesting concept. So if someone has a "hardware" patent and you manage to implement a software "emulation" of that hardware (that nevertheless runs at full speed) then you don't have to pay?

(Reminds me of Transmeta...)

There is still a physical RF layer (which is not software) and then you need antennas where you most likely end up in more patents.

Software that has no 'technical effect' (though details of the specific test have changed a few times) are not allowed. Many many valid [in respect of patentability of the subject invention at least] software patents have been grantd by the EPO and EPC member nations.

Because business methods aren't patentable in Europe many USPTO granted patents have no technical contribution that is not excluded from patentability.

tl;dr, it's complicated but your statement is false.

http://en.wikipedia.org/wiki/Software_patents_under_the_Euro...