Or to put it another way, the "intellectual capital" argument presupposes that you aspire to become a bully yourself, and live among a society of similar bullie

Or to put it another way, the "intellectual capital" argument presupposes that you aspire to become a bully yourself, and live among a society of similar bullies. There is no incentivising effect on someone who wishes to innovate without abusing the legal system to stop others from creating similar things.