Before it becomes anything else code is first and foremost art & personal expression.

Code is a very fun form of literature at heart.

Other attributes may be tacked on later, it may be integrated into and transform into an engine or company that has rules and regulations.

If the author treats it as only art, with license choices, etc. then they aren't entitled to treat it like anything at all, it's literally their personal expression.

And this is recognized in the physical world as well. More than people realize, some buildings that are incredibly dangerous are considered sculpture effectively. There is a rickety castle built by mostly one guy in CO that meets this criteria.