This is really the first time I've seen this position advocated explicitly. Can you elaborate? I'm not sure I understand how this fits in with anything other than a "Us: Good. Them: Bad" system of philosophy.

Although I rather like it. Can I ignore copyright and patent laws (which are often touted as having a moral basis) because the current US copyright and patent don't really fit things like independent invention?

Morality is not based in consensus.