I think the existing patent and copyright systems should be removed. I'm glad to see more people are thinking along those lines, some of them are very clear on this topic. Although I do not (yet) agree with Marc that the trademark system is not useful. For now I believe it's in the best interest of all of us. Cory Doctorow explains it here.
Just cause the same name, melody line or image is created by more than one person, doesn’t mean that only ONE person gets to own it. That’s at the core of my complaints about copyright, trademark and patent law. As I’ve said before I have experienced situations in my life where I invented something (whatever it was) that I couldn’t use - ’cause somebody “came up with it first!” So I’ve been fighting this battle and dealing with this conundrum for over 20+ years. Creative expression is a pure statement, something that can’t and shouldn’t be altered or effected by laws, social nroms or pre-conceieved notions. So I officially say “this whole system sucks!” If we can’t do whatever we want as a form of creative expression - then we’ve lost the war. Let’s all just go read the New Yorker and DEBATE on “what is art”. Cause there won’t BE any art after that. We need to protect ALL the ways that people can express themselves and trademarks prohibit that.