You are not paying attention, Poe.

Certainly, facts are facts – no one has suggested or argued otherwise.

Certainly, facts may be present in a work of fictions – again, no one has suggested or argued otherwise.

What you fail to grasp though, in that a work of fiction that takes existing facts from other places, it is those other places that are the BETTER source of citation for the facts being asserted.

Fiction — on its own — is NOT presumed enabled. Sure, something may be enabled in a work of fiction (and yet again, I am not arguing otherwise). But that does not change the FACT that fiction is not your best source of original factual (and enabled) material – nigh, by definition of the work BEING fiction. And very much so, the portion which MAKES the item to be fiction is the very thing that is a drawback for use in the legal realm.

By the way, thanks for the link, but a story on SSRN does NOT make the case that you think is made. What you see there is a bit of a shameless plug for Google (and there is a host of issues with Google undertaking that project, by the by).