Copyright and Patents are not a human right, or an undeniable/natural right. They are a made up concept, a contract between society and the copyright/patent holder. "We will allow you to restrict usage of this particular work if you continue to make other works like this for the benefit of society". Sure, it doesn't work that way, but that's what's supposed to be anyway. So, since we are giving someone a privilege, society should be able to set the rules, and take back the privilege if the rules are broken. So the contract should be more like "We will allow you to restrict usage of this particular work for a limited period of time, but you must offer this work under reasonable prices and policies, you must respect your users, and you must play nicely with the rest of the market. Also, you have to deposit all of your source code and any other information you used to create your work, and after that period expires, or if you break the contract, they'll be released to the public domain.". That sounds like a much more rational contract. You want the privilege of copyright or patents? Great, we'll give it to you. We'll give you anywhere between 5 and 15 years of copyright or patent protection, how much will depend on the kind of work you are releasing. In exchange, you have to deposit with us all relevant information regarding your work, for example, source code in the case of software, manufacturing procedures and blueprints in the case of hardware, etc. If you breach this contract, you'll lose all protection, and after the the original protection is over, we'll still release all that information. If your breach of contract is bad enough, we'll also release all those secrets early.
This fine is like making the penalty for bank robbery 25% of the money stolen. Everyone will be robbing banks ... it's not a penalty, or a fine, it's a tax. Well, microsoft's benefit from locking down the market far exceeds 731 million dollars, so it's not a fine, it's just tax.
Threaten companies with losing copyright and patent protection, and see how quickly they start to behave.