That's why I used the scare quotes; I don't have a hard and fast rule here for what's legitimate market-making software value and what's just rent-seeking.
I think that much of the core features in Desktop Photoshop-style products or video games probably requires legitimate short copyright, for example. I don't think copyrighting a plugin interface or header files or hardware drivers makes any sense, unless there's significant creative work like e.g. the portions of GPU drivers that trade off appearance and speed in novel ways.