I'd say the patent system, and the current implementation of the copyright system, are far from perfect and commonly abused, yet they remain intact. I'm not sure if your criticisms will prohibit governing bodies from introducing lobbyist-friendly legislation. Fair-use policies will help keep Average Joe out of prison, while also diverting revenue.

Just like copyright today, even though the individual supposedly benefits from this scheme, it's companies who have greater stake in the outcome.