If you prefer to think of it in terms of loopholes, I would point out that loopholes in a system of restrictions act to increase the powers enabled by that system. To close those loopholes is to decrease the power that the system is capable of imparting.
All of that is to say that taking steps to make it harder for non-practicing entities to abuse the system in a way that has a net detriment on technology and innovation is the very act of closing the areas of copyright law that empower non-practicing entities to the detriment of practicing entities. Ideally such a change would decrease the power of the patent system just enough to shut out those who have a negative net impact on the advancement of technology and innovation.