You are right - but rather than focus on the use of existing (un-named) IP- I am more interested in how it can affect the creation of net-new IP. The more I think of this topic I am beginning to believe that existing IP is just the building block of new IP.

Think about music and Danger Mouse's Grey album. The concept was that by taking existing music (ip) and using it in a new, innovative and unique way that it resulted in a new work that was outside of copyright of its constituent parts.

Now art and technology are different mediums with different IP laws that are applied to them. BUT collaboration and cross pollination will result in something new, different and (hopefully) better. But in order to drive innovation we need to respect the work of others, and allow them to profit off of their work - while not stopping new innovation.

That line is the most difficult to manage, and I surely do not have a solution there.