I think, A new chapter is about to begin. It seems that in the future, many IPs will become democratized — in other words, they will become public assets.
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If we enter a world where anyone can create a new Mario game and there are thousands of them released on the public web it would be impossible for the rights holders to do anything, and it would be a PR bad move to go after individuals doing it for fun.
Bad PR? The entire copyright enforcement industry has had bad PR pretty much since easy copying enabled grassroots piracy - i.e. since before computers even. It never stopped them. What are you going to do about it? Vote? But all the mainstream parties are onboard with the copyright lobby.