If you create something you should have some protection of other people just blatantly ripping you off.
Copyright terms are in dire need of a reset to a sane length, though. Disney (among others) has spent way to much money extending the term each time their cartoons threatened to expire.
Patents on the other hand should never have been used for software. Patents have their function in preventing inventors from keeping their designs secret, but the whole system is set up to give people to invest in building large brick halls filled with steam engines and it does not match software's pace of development at all.