To understand why and whether capitalism is failing, we have to look and see if it was based on true principles and whether it is meeting our goals. I've defined the goal of mankind to produce useful technology at the maximum rate possible and to achieve greater consciousness, in essence to create and to be conscious.
On true principles: capitalism is based on an idea of unlimited resources and unlimited growth, neither of which appear to be possible on a limited resource planet.
We have very high unemployment in the US. This is a serious problem because it means that man is not able to create at his maximum rate possible therefore capitalism has failed. But, capitalism was flawed to begin with because it has in-built a desire to keep unemployment at a relatively high level. I don't think that man has to be employed to create useful technology but then we have that other problem which is that capitalism doesn't offer a way not to work while working on ones technology. In fact, some of the best creations are probably not in the "capital-creation" system but rather by individuals pursuing own goals. Again, Capitalism promotes that people have Jobs but a Job is for work that we don't want to do -- it is work for others and not for ourselves. So, a job is a bad thing. We don't need more jobs: we need more services. That's what everyone really wants right? Less work and more money. But you see our system has embedded into the people the wrong ideas, that one is worth more when one works.
At any rate, we also have to ask exactly what is this capitalism and what are taxes and why does regulation even exist? Capitalism is just an algorithm. It is just an algorithm that attempts to optimize the distribution of wealth in a given way. There are infinite number of algorithms for distributing wealth and organizing labor. Capitalism optimizes toward net profit for the owners but that is the wrong goal! The proper goal should be to optimize toward net value. Capitalism doesn't factor into the creation of products all costs, such as pollution.
A good example of this would Foxconn in China where Apple employees have been killing themselves due to poor work conditions. Many companies have went to produce in China because they can pollute (transfer a cost to society) and acquire labor (transfer a cost on society) at a better rate then elsewhere. Capitalism says it is right to create a working condition where your employees are miserable even if it makes you a dollar more. Yet the proper system is to organize toward optimal value for all stake holders: employees, owners, and customers. Regulation is an attempt to fix the wrong motives of capitalism but it is just a patchwork because the algorithm itself isn't the proper one.
Getting back to mankind's goal and working from that principles allows us to look at laws and regulations to see if they accord with the first principles. A good example would be software patents. Are they, in practice, allowing man to develop at this ultimate rate or are they slowing down progress? In fact, they appear to be slowing down technological advance and therefore software patents are wrong.
Let me get back to capitalism, I do believe strongly in the right of people to own property. I don't see that changing but I'm speaking in broader terms about the free market, how companies are valued, and how people are organized. One might refer to what I refer to as "creditism".
"Creditism"/Capitalism/Democracy as it now exist
Technology is used to enrich those with access to credit and understand how to get that credit, i.e Solyndra
Total costs of production are not factored into the equation (i.e environmental damage)
Optimizes toward maximum profit for owners at expense of all others
Laws are promoted that protect capital interests and net profits (Copyright, software patents)
Producers try to maintain asymmetrical control over production (i.e fighting technology like CD's, mp3s)/ Workers unions try to create artificial work
Some unemployment is desired/ Limited ability to produce technology when unemployed (must pay to live in a house/shelter)
Political candidates are elected based on values and are in-office for short periods of time -- real controllers maintain power over long periods of time -- limited participation of people in the government
Open Technological Society
Technology is used to enrich all equally. Technology is respected as the proper creator of wealth.
Total costs of production are factored into the equation
Optimizes toward maximum value for all stakeholders.
Laws are created that promote most rapid technological advancement and evaluated to see determine if they are working. A good example would be copying a copyrighted technology -- if that unregulated copying has a higher net technological benefit to society (getting that work into more peoples hands) then it would be the right thing.
No drive for artificial scarcity or made up work. All non essential work is automated.
100% employment is the stated goal. It could be in any of the 3 spheres: private, public, or open society. Obviously a large chunk of that would be researching new drugs and computers or "high research" but open society is not totalitarian. Arts and other technology are seen as valuable. The open sector acts as a "sink" to maintain full production.
Political candidates are elected based on engineering, scientific, and conceptual grounds. Politics is more over transformed by the use of open source and peer-to-peer technologies which allow people direct access to the democracy via technology. It might be where your elected official can vote for you or you can vote on a matter yourself if you so choose too by using a digital input system -- direct democracy mitigated, as always, by the constitution.