This is the "What Colour are your bits?" argument:
> https://ansuz.sooke.bc.ca/entry/23
> https://ansuz.sooke.bc.ca/entry/24
As these article outline, the legal situation is much more complicated (and unintuitive to people who are used to "computer science thinking").
This is because legal people want something to exist that does not physically exist.
There is no trace back from pure noise to the original work.
Colour of bits is just magical thinking.