unfettered capitalism has not, and will not work except for those already at the top

My guess is that they saw the phrase "let the market decide" and took that to mean "unfettered capitalism". But yeah, sorry about the tanget I've dragged you into, haha.

We have laws for that too, in terms of licences for derivative works

but they're not derivative works, at least not in how I understand the term. They're entirely new works.