Instead the real value is in creating intellectual property, a service. If the service is good, you leave a tip. Again, companies like Red Hat are bringing this model back into play. This concept is totally at odds with the punitive approach large intellectual property corporations are taking, but it works. Once again, based on the consent of the governed, and it fits really well with the reality of the situation.
Most creative people start out doing it as a hobby, a sideline to their normal day jobs.
The vast majority see it as an interesting and possibly profitable hobby, not something most of them will ever do full-time even when they're successful. They simply haven't got the resources to sue people over breaches in existing intellectual property laws, so they must rely on common courtesy. Formalizing that makes things work more smoothly. This is why I feel sorry for the RIAA and MPAA, and hope their death struggles don't do too much damage. As they beat an upward retreat, they still have plenty of cash to lobby for new laws and hire lawyers to win precedent-setting court victories.