I'd call that a "distinction without a difference". Those are generally fallacious, and more often pedantic. Sure, you can still technically use React if, say, you're based somewhere that patents aren't particularly enforced. But if that's the case, why do you have patents in the first place?
That is plain wrong. Software patents exist and are enforced in the EU and other member states of the European Patent Treaty. The European Patent Office even has a nice FAQ on helping you get your software patents granted at:
The situation is a bit more subtle than you make out. The EPT has clear language which excludes software from patentability, but that hasn't stopped lawyers from arguing that some software can be patented if it has a physical effect (even a minimal one). Wikipedia actually summarises it decently: https://en.wikipedia.org/wiki/Software_patents_under_the_Eur...
