This argument feels like arguing that it's a fact that Game of Thrones first book consists of <this text>, thus <this text> (the entirety of the book) isn't copyrightable.
If the bit sequence is likely to occur because it's someone else's creative content (or part of it is)... that doesn't seem like it can be a 'fact' in the relevant manner.
If the bit sequence is likely to occur because it's someone else's creative content (or part of it is)... that doesn't seem like it can be a 'fact' in the relevant manner.