Again you pick a pathetic set of examples. Neither country has a government that functions at all. This country for much of its existance had a government that only minimally intervened in the economy and it didn't collapse. In the 1790s when our federal government was first being established we had virtually a state of anarchy compared to what we have today that's how little government we had. Guess what? We made it.
First of all, you don't know what you're talking about. Ideas can't be patented.
Then why is Microsoft allowed to own a patent on ASP.NET or Amazon allowed to own a patent on the idea of "one-click transactions?"
Second, it's in the Constitution.
No, only the power to provide for some form of IP system is in there. The Congress is under no constitutional obligation to setup such a system. It is completely their perogative. Congress could quite legally abolish every last trace of the system today if they wanted to and the IP interests couldn't stop them.
Then again you support a very strong IP system which itself flies in the face of much of the rest of the constitution. You value wealth over freedom.
If ye love wealth better than liberty, the tranquility of servitude better than the animating contest of freedom, go home from us in peace. We ask not your counsels or arms. Crouch down and lick the hands which feed you. May your chains set lightly upon you, and may posterity forget that ye were our countrymen
The US Congress did not have the authority to pass most of what is in the DMCA. It does not have the power to ever restrict freedom of speech outside of the "clear and present danger" exception nor does it does not have the power to in any way regulate how someone uses IP in their house for their own use as that is within a state's borders and outside the feds' jurisdiction