Here I would say that creating something new is different than selling or giving away something existing that someone else created. > Surely such a claim would

Here I would say that creating something new is different than selling or giving away something existing that someone else created. > Surely such a claim would be thrown out in court and then all cases such after would be dismissed with prejudice, meaning the judicial example would already exist. Afaik not all courts all over the world work that way, besides of course there being hundreds of courts with different rules that all would have to go through that at least once for a creator to be able to rely on that.