I strongly prefer voluntary action. However, software patents are not amenable to workaround and so must be attacked directly through less savory legal, legislative, and electoral routes (though if software patents are toxic to free software, the opposite is also true, so simply creating and using free software is a voluntary if indirect attack on software patents).
Software patents are the major reason multimedia on the web (and on computers generally) is so messed up — few multimedia formats may be implemented without obtaining many patent licenses, and amazingly, this is sometimes impossible:
My only problem with the ESP site (and many others, this is just a general peeve of mine) is that it does not even link to similar resources with a non-U.S. jurisdiction focus. For example, the What Can I Do? page might state that if one is reading the page but not in the U.S. (because that never happens), please check out FFII (EU) and similar.