Well no the difference here is that my example has nothing copied either. Your example has something copied. They are not analogous as they lack that similarity.
The person selling this NFT that contains no copy does not have to misrepresent anything. Hence no fraud. The contract address is obviously different.
Theft requires something to be moved. Copyright infringement requires something to be copied. Fraud requires misrepresentation.
None of that is necessary here.
I don't consider what I wrote to be a criticism of NFTs, I find it amusing.