You're ignoring the important middle-ground, which is machines with software parts which, today, includes almost all machines.
If I make a machine with a vital mechanism in software why is it not entitled to the same protections as a similar machine which implemented the same function in hardware? And when does hardware transition to software? If it's an analog circuit it's hardware, but digital is software? ROM is hardware but EPROM is software?
If someone clones my "mechanical" device by implementing the patent-protected part in software is that a violation?
Assuming stuff is either like a sewing machine or like Photoshop is missing the point.
If I make a machine with a vital mechanism in software why is it not entitled to the same protections as a similar machine which implemented the same function in hardware? And when does hardware transition to software? If it's an analog circuit it's hardware, but digital is software? ROM is hardware but EPROM is software?
If someone clones my "mechanical" device by implementing the patent-protected part in software is that a violation?
Assuming stuff is either like a sewing machine or like Photoshop is missing the point.