Most of this is misguided and/or wrong.
The patent system is intended to reward inventors (for investing in research and development, and for disclosing their ideas) by granting them an effective monopoly for a period of time (so they may make profit from their ideas); and allowing competitors to bypass patent protections by selling "do it yourself in one easy step kits" would completely ruin the patent system.
Software patents do exist (but whether or not they are enforceable, and how, varies in different countries).
I very much doubt there's any legal distinction between source code and native executable code - they are just different languages (that can be understood and executed by machines). Source code (that is transformed by machines into native code) is no different to native code (that is transformed by machines into micro-code).
I can only assume that your motivation is to fabricate excuses for violating Microsoft's patents, and to make yourself feel a little better about your continued worship of (Microsoft's variations of) Microsoft's worst file system.