Yeah, this quote from the conclusion is not at all what I took from it.
I strongly suspect that, for the most part, the judges here decide based on 'gut feeling' whether a title infringes or not, and then look for justification after the fact.
It also probably matters how litigious the plaintiff is: The Tetris Company is legendary in that regard. I mean, a 10x20 game board is infringing? And how else are you going to arrange four blocks, other than what is already done in Tetris?
I guess if copyright didn't extend effectively forever I would have less of a problem with it, but the idea that a single legal entity is going to own all these ideas when my grandchildren are having children, strikes me as - to put it lightly - very bad for the notion of cultural progress.