Software patents are possible in the USA, but no in the EU. Some groups are pushing for them, but many are opposing them.
In my opinion, most software aspects are not patentable, as they reflect just patterns, algorithms and methods commonly used, which are just encapsulated in some software and patented. Just look at all those stupid user interface patents being bandied around.
The major problem with patents is that they have been turned from a legal tool to protect innovation into a tool to stifle competition, thus failing miserably in their original intent.
Patents, copyrights and legal mumbo jumbo aside, from my perspective as a software developer and my interest on game programming, Hitech stands as a genius. I have shown AH to colleages who I admire as excellent programmers and have seen their jaws drop when told about the features and the size of the team behind the game.