Lack of way to capture value from intellectual labor is considered a market failure that leads to suboptimal market results for consumers, but with AI that argument becomes very weak.

Sorry but the point isn't to create artificial scarcity just so intellectual labor is well off, that's a negative side for the consumer that was considered necessary tradeoff. Market economy should be about providing the most value to the consumer.

Disclaimer - I was never a fan of IP laws despite them working in my favor, with AI I can see them finally being abolished.

    We could imagine, as an extreme case, a technologically highly advanced society, containing many complex structures, some of them far more intricate and intelligent than anything that exists on the planet today – a society which nevertheless lacks any type of being that is conscious or whose welfare has moral significance. In a sense, this would be an uninhabited society. It would be a society of economic miracles and technological awesomeness, with nobody there to benefit. A Disneyland with no children.