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I'm aware that authors do this and think they derive legal advantage from it. I'm saying that it hasn't been tested and that the legal precedent some people were claiming exist simply doesn't. This is something authors may be concerned about, but it has never actually happened, as far as I can...

How would you possibly prove that? I can't find anything about this lawsuit when searching about it, if it exists at all. I'm inclined to believe this is an internet legend until proven otherwise.

IIRC this was actually just a threatened lawsuit or the plaintiff lost. IP that was created as part of a deal that's no longer on is pretty obviously different.