@Kaled - Your points are valid and they make sense to me.
From a logical point of view business models should be dissected and viewed on a case to case basis, the potential impact it would have being patented, the limitation to creativity of other sorts if a revolutionary business model were to emerge that could change the way businesses are run (if i'm not mistaken) eg. Col Sanders started the royalty system with KFC.
However, when I put myself in the position of the courts, they have a duty to safeguards the interests of the public and the greater good.
Tough call when you're sitting in their chair wearing their shoes.