Of course tokens are created 'out of nothing', But not to run into difficulties you have to consider the legal aspects of the specific kind of token you have created. Then, maybe you are not allowed to give them away 'for nothing' - every country treated it differently and has its own regulations. So at least some of the level-2 token creators could run into difficulties if their tokens would be hard forked. It's a complicated thing - you really have to dive into it...

Unfortunately not. FIAT-money-power is heavily implementing an attitude control - but they can't do it for the thoughts ;)