Copyright is all that is needed

I don't see what the problem is. Surely you can stop distribution of s/ware by use of copyright ? A patent is a monopoly on an idea; copyright is a monopoly on a particular implementation of something. The two are very different.

However: what the patent office has said makes sense anyway and opens healthy competition. Preventing anyone else from reloading the s/ware in a washing machine would mean that you would have to go back to the manufacturer for every repair; by opening it out you get competition in the repair market - which will bring down prices.

S/ware patents are outlawed in the EU anyway (which is a good thing).