I guess there is an issue that you can work on your pet software project in your free time, but you can't be working on a law case three hours a week.

Probably part of the reason things like the FSF and EFF came into existence, too.. i.e. if the tricorder app's author had assigned copyrights to the FSF this would not go down so quick I imagine.

There is a "fleet of open-source lawyers", but their time is limited. Like the ACLU and other pro-bono legal organizations, the FSF, EFF, and Software Freedom Law Center vet cases for potential impact in order to maximize available resources. Such organizations can't take every case that comes in the door, or they'd spend all their time on the legal minutiae of persons able but too cheap to hire a private lawyer. There has to be significant relevance attached to a case in order for the EFF, SFLC, or FSF to assist.

It looks more like a failure in the system. It seems like it's been willfully hijacked with the purpose of pricing the common man out of being heard.

EFF have some 'weasels' that they sometimes lend out to worthwhile projects. Not sure they would take on this issue though.