Until we can remove the leverage that intellectual property holders currently have, they will fight ruthlessly to retain 'their' property.

Compare the economically optimum copyright length (http://arstechnica.com/old/content/2007/07/research-optimal-...) with the actual changes in length within the US (http://en.wikipedia.org/wiki/File:Copyright_term.svg). This increase in terms coupled with the ease of patent filing surely is purely marginal decision making.