when someone says 'ip is doing more harm than good' what they mean is 'intellectual enclosure is doing more harm than good'. when someone says 'ip-intensive industries contribute (...)% of the (...) gdp' what they mean is 'knowledge-intensive industries contribute (...)% of the (...) gdp'
specifically the thing that intellectual enclosure is doing harm to is those knowledge-intensive industries, who are obliged to spend large fractions of their revenues on unproductive lawsuits instead of creating and sharing knowledge. in numerous cases it has destroyed major parts of those industries; two memorable examples are digital, which created the minicomputer and much of the internet, and diamond, which created the mp3 player
but the greatest casualties are not the productive activities that are terminated by intellectual enclosure, but the productive activities that are never born. do you know why linux didn't get a crashproof filesystem with snapshots 25 years ago? it's because of netapp patents. all the damage done by accidental file deletion and crashes on linux in that time could have been avoided. do you know why today there's still no simple way for regular people to send a ten-gigabyte file across the internet? mgm vs. grokster. and for every well-known catastrophe like this, there are ten thousand that never grow big enough for us to even guess what might have been
unsurprisingly the businesses that are most profitable in the current market are using strategies that fit well with the current regulatory regime. but that does not constitute argument that the current regulatory regime is good in any way, except perhaps by the minimal criterion of not completely cratering the entire economy yet
my intellect is not your property