Two things: the Constitution grants limited monopolies to creators and inventors and those monopolies should be limited; and nothing is truly original since all work builds on other work. The originalist arguments are interesting, but I'm not sure they would hold much sway with a conservative judiciary. So long as Congress continues to extend protections for select intellectual property, there's probably not much hope. Maybe I'm still not convinced that the "commons" argument is a winner. Everything in this society is given a price tag. It's sad, but it's not pretty watching other people rip creative types off either.