The courts wouldn't be considered useful critics of the effects of the law as they have an embedded bias for The Law.
A much more useful critique is found in either economics or sociology, or technology. The common assumptions (e.g. propaganda) regarding IP are usually nothing but tautologies.
In any event, I think IP law is becoming moot as civilization advances beyond the demands of the 17th century. Courts and legislatures are reactionary and always behind the curve.
I'm reasonably optimistic about the future of the individual to usefully express their creativity and innovation somewhat in spite of the growing size and power of the tyrants. Decentralization and disintermediation continue their march.