I can't find any documentation that says create might fail for this reason,

One likely cause is tag-along programs such as virus checkers, content indexers,
backup agents etc.  They like to open files immediately after an application
has written to one and then closed the file.  And while they hold it open you
can't delete it.

If you use Subversion on Windows you sometimes encounter this.  Subversion
creates and renames a lot of files.  They even have an FAQ entry about this:

 http://subversion.tigris.org/faq.html#windows-access-denied

You can read more in the bug it references:

 http://svn.haxx.se/dev/archive-2003-10/0136.shtml

The only solution is for apps that see access denied on Windows when they 
shouldn't
to loop a few times to see if the situation resolves itself.

Roger

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