But you are ignoring the fact that it hasn't happened for thousands of years. That makes a given that it will never happen. And tomorrow I plan to invest in a new stock.....but that is impossible because I have never done it before. (all sarcasm)
Until the COURT says this is or isn't infringement, we are left with a bunch of opinions. Because the law says an infringement is determined by a court.....not some message board.