Just to state the obvious, "we" are not doing anything here. "We," as in "the general public 'we'" don't have much of a choice when someone has lots of money and lawyers and wants to use those resources to sneakily and deceptively make more money. Unless "we" elect better representatives who are willing to write and enforce laws governing the wealthy's ability to effectively do whatever they want, then "we" don't have much of a say.

This is why open source must win. I mean, it won't, but it's the only path to avoiding a silicon aristocracy.