For example, horse drawn carriages have the right of way even over pedestrians, because you’re pulling weight, or more accurately, a beast of burden is pulling the weight. It’s a living thing too, and it can’t stop on a dime when it’s got a load. It makes sense when you know the context and framing for why the law is so written today.
I’m sure there are similar examples in others contexts. Court cases and judges look at the law like we do whitepapers. Some docs are better than others, and there are some devs, and other judges’ toes you’d be hesitant to tread on, especially if you have a habit of doing that kind of thing.
For example, many artists publish playlists on Spotify to build their brand; it could plausibly be copyright infringement for one of them to verbatim copy a playlist I made and publish it as their own, even if I don't hold the copyright to any of the songs on my playlist, and even if one of the songs on the playlist was actually that artists' own song. The act of assembling a playlist is potentially copyrightable expression.
See https://wiki.openstreetmap.org/w/images/6/6f/Protection_of_C...