I think creep should be disabled as long as the brake pedal is depressed...
This seems like the best solution.
Tesla is worried about people walking away from the car (presumably with key in ignition or MS fob on the seat) and the car being "Live" and can move uncontrollably when the accelerator is pushed. Creep disabled when brake is pushed would still retain the runaway prevention creep implementation. If they can put an accelerometer on the brake lights this firmware change should be cake.