It's very likely a publisher would win in court. It's just that no publisher wants to be that one.

Where is Funny Games?
It's listed in the credits (Although the 2007 US remake, and I have no idea how that one visually looks like) but I saw no remote control?

Could have been done without the Movie/Stage Play/-in-a-Movie and omniscient narrator bits at least, since there is nothing to break there in the first place.