Yes, like many things in the space of copyright and patents, this should be changed and defanged.
But the only changes we will ever see is making it more and more into a weapon against consumers. Nintendo, Disney and all the other big IP holders will never allow for anything else, they will use their money and power to prevent it.
The game is very much playable, I have sunk 200+ hours into it and still have very much fun playing it. Not every game has to be for everyone.