You’d just have to make sure the specification doesn’t include actual source snippets (the AI will try this if you don’t specify). Pseudo code would be sufficient I guess where necessary.
One should be honest about what one builds. The F-15 project does that: the aim is the reconstruction of the original game, down to the opcodes; on the other hands it requires the user to provide the original game assets.
Ingested the binary?
That's extremely unlikely. The pirating seems to have been of eBooks, which were first converted to text, losing graphics and such too.
That's my understanding anyway, from reading a few reports. :)
This creates an interesting problem via the normative power of the present - only people willing to accept the erosion of copyright can partake in the AI economy and since the AI economy has become essentially all growth, money and power rapidly concentrates on these people.
There won’t be a legal reckoning because the regulatory capture is complete - these models are “national security level” too big to fail now.