AFAIK european laws only allow to patent "inventions". Software is considered to be a series of "words" in whatever programming language you're using and, like sentences, it's not an invention and can't be patented.
On the other hand, software-assisted inventions can be patented as a whole.
With that said, software can still be considered a "work" protected by copyright laws.
Theres also jak and daxter, i believe it was called openGOAL?