In those cases it seems that humans are already copying code without also propagating licenses appropriately. LLMs are more likely to memorize things which occur a lot (and I'd bet rare things that are representative of some conceptual axis).
The main examples presented so far, Davis and Carmack, have the property of having been copied a lot. The generative model is only surfacing an existing pattern of ignoring attribution. Sort of like the code-gen version of generating bigotry if appropriately prompted.
I'll also note that this pattern of retrievable memorizing of copyrighted and sensitive material is present in GPT-3 too and not just for code. As the situation is equivalent, a lawsuit should address the concerns of non-programmers too.