Yes, well, if we relied on settled and trivially obvious law to decide these things, what would Vinod Khosla do in his spare time?

Besides of course chasing beachgoers down the waterfront with his rake. [1, 2]

[1] https://www.theguardian.com/environment/2018/oct/01/vinod-kh...

[2] https://www.washingtonpost.com/technology/2020/01/08/califor...