It would be a powerful enough weapon if the target of the patent infringement case did not have crazy deep pockets. The costs of defending a winning case can be more than small game developer could hope to afford.

You got it. Copyright is about defending monopolization, not just about creative rights and ensuring attribution.

Copyright is an artificial system propping up huge sections of the economy/whole industries. It's internal protectionism at best and hindering progress at worse. Nothing "free market" about it.