Even more new works might be created if everything were in the public domain and litigation free.
I don't see how a trademark here is encouraging anything here, and I'm ignoring the fact that the purpose of trademark is not to encourage the creation of new work but to protect consumers from brand confusion.
The estate has simply gotten used to big movie studios paying up to use Sherlock Holmes, and the studios don't question it because paying up for rights is simply how they do business. They can't imagine a world where everyone isn't paying up for the rights to everything ever created, which is why they can't fathom the internet.
But that's how it works. They let you know when your term is over they'll have a cushy job waiting. After that, they'll do whatever they need to do to please you and keep that opportunity open. You might even do the same if your job was always hanging on the next election.
Hollywood, radio, and television were largely in control of the nation's entertainment for more than 100 years before the internet, and that kind of control is not easily let go (not to mention the deep deep pockets of cash that it generated).
They are using their money and influence to stop something that gives everyone the same powers they have enjoyed for a century. The real problem is they didn't grab control of the internet from the start (and they could have through regulations) because the internet was thought of as a communications platform, not an entertainment platform.
It's because Google makes so much more money than they do, and because they think Google is the internet (or that the internet is only used to watch their movies or listen to music). They either want the government to force Google to share its income with them, and/or they want to be able to dictate search results in their favor.
It's not about hate. They simply want money and control.
If you truly didn't want to be tracked, you wouldn't watch movies from any website at all. You would simply pay cash at a local store for the movie on a disc, or go to the cinema. Saying "I don't want to be tracked" is not a great excuse for piracy.
That said, the U.S. government gives me all the free movies I could ever watch. It's hard to see much difference between a torrent site and a public library. Of course, the libraries are tracking me too.
This article lists over a dozen services that any of the major record labels had more than enough resources to create in the last 20 years as a service to musicians - the kind of service they're supposed to be providing. It's their own fault they couldn't see the future past the bottom line.
A wonderful utopian dream - but it doesn't consider greed, corruption, class disparity, power, inequality, and human nature, which means it could never happen - at least not in the utopian manner you'd want it to.
If you're going to devise a new economic or political system, it has to consider all those negative factors and presume they will be part of the system.