"The Congress shall have Power [...] to promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries[....]"
It shouldn't require an amendment for the Congress to decide to exercise that power differently or not at all, especially if they realize what's happening now doesn't actually promote progress in new fields without a critical mass of open prior art.
I also haven't seen a proposal from the EFF for a constitutional amendment of any stripe.