I don't think it's plausibly true now because of the complexity of that contract and the difficulty in expressing it, jurisdictional issues, etc.

But if all that was handled and it was considered binging between you and the first guy then I don't think the transferability would phase a court at all. The NFT by nature, being meant to be transferred, and with tools to prevent that where desired, would indicate intent.

Perhaps a better example would be me (the hypothetical creator of cryptokitties) selling a cryptokitty, with the obvious implication that I would not modify my game to invalidate said kitty. The final owner of the kitty, like yourself, could sue me for misrepresentation for selling a product I intended to disable. Perhaps for tortious interference.