Anil Dash says "Laws are ours, people -- they're not carved on stone tablets.".
Sort-of. What he says is 90 degrees out of phase with the problem. There is law, and there is legislation. They aren't the same thing. The law is the real thing. You know, like "300 million meters per second -- not just a good idea, it's the law". Laws are discovered, not made. A law might be "people won't produce some kinds of content unless you pretend that it remains their property even after they sell a copy." Legislation is just an attempt to write down a law.
So, we can decide what the legislation should be. When the legislation doesn't follow the law, we can change it, but changing laws (300,000 m/s) is a little harder.