Fact and fiction and the Da Vinci code

The recent Court case between Dan Brown and authors of The Holy Blood and the Holy Grail is quite funny, really. The Bloodites claim he copied their book from his book. But they seem to have forgotten something. Dan Brown's book is a novel. It's fiction. It's made up. (I agree it's a little confusing that he says at the start that it is all true: a little post-modern prank, I think). But to say that his fiction rips off their book is to admit what they would usually try desperately NOT to admit, that THEIR book is fiction, made up, a story, NOT WHAT REALLY HAPPENED. Because if their work was sober fact, that inspired someone else to write a novel, they would have no case, since copyright protection excludes creative works. Unless their lawyers decide to prove that Dan Brown's work is also sober fact. Now that might be worth watching, like his book might be worth reading. Oh. No it's not.