Of course, the safe harbor itself is very narrow relative to the patent issues litigated.
It also takes a long time for cases to progress to the point that we see uses of the precedent.
Admittedly, the policy error is small.
Trouble is that policy errors accumulate. IMO we are making enough to badly impact the standard of living of our people.
It is astonishing what foolish things one can temporarily believe if one thinks too long alone ... where it is often impossible to bring one's ideas to a conclusive test either formal or experimental. J.M. Keynes