Even if this opinion were backed up by a court ruling, it would definitely not be “simple”. It will be a very ugly case if it is ever litigated. A lot of money will be spent and no guarantee at all the plaintiff wins.
The "in any way" part is either so broad it makes everything derivative, or not, in which case things are no longer simple.
If everything is derivative then it seizes to be meaningful. The words I write are derivative, I literally copied them from someone else, yet my sentences as a whole can be fully novel.
That's why we tolerate it for humans, and also because we cannot prove it. But yes, if you go too far in this, you will see legal consequences.