Don't forget though, Russ Roberts has an ideological dog in this hunt, and he'd like to recruit more anti-regulation followers, so he'll bend the argument to suit his biases. There is a sorities paradox element to it, but that doesn't mean "pile" is undefined; Ford has a government-granted monopoly - a trademark - on Taurus.
That substitutability is defined in a distributed way isn't a well-formed argument against tying it down in any particular case. Legal courts make these determinations every day concerning the meanings of texts, whose intent can be similarly hard to divine.