Well if you're sitting on a pile of startup exit cash and can hire a Boies-tier attorney, go ahead and write that Tetris clone. You'll get your day in court to test those theories of yours, soon enough, and you can appeal it all the way to the Supremes if you wish.

As things stand, though, the law of the land as established in federal courts says those elements are copyrightable, and under copyright. So it doesn't matter a fig what you or I think of the judge's ruling -- the law is clear.