Killing Pete and not involving him would alienate a LOT of people.
I am worried though about the trademarking the name and falling out with Miles, its sounds indefensible.
I worry they are setting Ben up to be crap at being Spidey.
I am less worried about Ben being portrayed as a crap Spider-Man , as I am pretty sure he will die... just in time for #900/60th anniversary of Amazing Fantasy #15, and Peter's more than likely return.
Also, because I think Marvel is playing a long game, where Miles takes over as the only Spider-Man around issue #1000.
I like Ben, and I am not hoping for it, but it is where I think the series is going.